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REYNOLDS HISTOPlCffL 
GENEALOGY COLLECTION 



ALLEN COUNTY PUBLIC LIBRARY 



3 1833 01083 6689 




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GEORGE CLEEVE 



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CASCO BAY. 



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BY JAMES PHINNEY .MXTE.R, A. M. 




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Printed for. the GORGES SOCIETY, Portland, Mainz. 

1885. 



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1779112 



GEORGE CLEEVE. 



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The Gorges Society. 



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From tiii: Puess of 



STEPHEN BERRY, PORTLAND, ME. 



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List of Illustrations. 



FACixa 
Page. 



Richmond's Island, from the mouth of the 
Spurwink River, ... 



Portrait of Alexander Rigbv, 



20 



"■■ :•]' 



117 



Map of the Province of Maine, showing | 
early grants, . ^ - . . 



150 



Letter of George Cleeve, fac-simile, 



162 



Monument to George Cleeve, 



212 




INTRODUCTION 






S^l^^l'HE student of history who selects a local sub- 
^S% ^% ject for his theme, soon finds his limitations. 
He cannot, like one who treats of the matinee 



of a people, or of a great historical epoch, engage in the 
fascinating contemplation of the philosophy of history ; 
of the development of ideas which result in important 
social transformations, but must confine himself to 
details almost insignificant in themselves; indeed, he is 
a kind of literary cJiiffonic}^ who traverses the alleys and 
byways of history, intent upon gathering into his basket 
the scraps which would else be lost, while his more 
fortunate brother, the fully credentialed historian, like 
Macauley,. Froude, Green, ct id gouis omne, roll luxuri- 
antly along highways of prosperity, with pictures of 
heroic achievements, the birth of nations and the growth 
and decay of empires before their admiring eyes. No 

matter 



6 GEORGE CLEEVE AND HIS TIMES. 

matter how well he may realize the fact that language is 
but " an apparatus of symbols for the conveyance of 
thought," and that " w^hatever force is absorbed by the 
machine is deducted from the result," he will soon find 
that all his fine conceptions are of no avail, and that he 
.must buckle dow^n to his work, which consists in the 
plain and truthful recital of such facts relating to his 
subject as he may have gathered, drawing such evident 
conclusions from them as he may be able to draw, and 
when he has finished, he will find that a great deal of 
force has been absorbed by the machine, in fact, that he 
has not produced a work of art. 

When I formed the conception of writing a memoir 
of George Clceve, the founder of Portland, I first asked 
myself the questions which an acute thinker has pre- 
scribed for one who contemplates writing a book, namely : 
what reasons exist for producing such a book, and are 
they quite sufiiclcnt to warrant its undertaking? The 
answers to these questions were, that no memoir of this 
man who played such an Important part in our early his- 
tory exists, and that what has been casually and carelessly 
•written about him Is contradictory and misleading; be- 
sides, by the recent di>C()\crv of the Trchiwnv Papers, I 
have been furnished with new materials sufficient with 
what I already possessed to make a somewhat complete 

memoir 






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GEORGE CLEEVE AND HIS TIMES. 7 

memoir possible. These answers furnish the raisoii 
d'etre of the present work. When I began the collec- 
tion of materials for this memoir, the ideal which I pos- 
sessed of the work before me was alluring, and, could 
I have accomplished it, the result would have been 
somewhat satisfactory; but, to my disappointment, I 
found it impossible to get anything relating to the life 
of my subject before his advent here, although I took 
great pains to do so by advertisements in English peri- 
odicals, correspondence with antiquaries and the search 
of records. On this side of the water I found opinions 
hostile to him prevalent, and gathering every scrajrwhich 
I could find relating to him, I followed these opinions 
to their sources so far as possible. The result is, that 
I feel myself repaid for my labor in being able to dispel 
many erroneous opinions which are entertained of him, 
adopted principally from Sullivan, who was a careless 
and unreliable writer, who adopted them generally from 
persons inimical to Cleeve. 

My subject was not an exemplar of an important 
idea for the benefit of mankind, nor a pioneer in any 
interesting social movement. He was simply an ambi- 
tious man, seeking a home, money and power in the 
New World like so many others — like most others then 
and now, — hence, the study of his character is more diffi- 
cult 



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8 GEORGE CLEEVE AND HIS TIMES. 

cult and the results less satisfactory than that of a man 
like Winthrop, who was dominated by an idea which he 
kept ever in view and which inspired all his acts. 
Whatever my failings in this work may be, I indulge 
the belief that it will accomplish this, which is, perhaps, 
all that I could reasonably expect, namely, that it will 
set the character of George Cleeve in truer light than 
it has heretofore been placed in. In this belief I am 
fain to rest. 




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GEORGE CLEEVE 



AND HIS TIMES. 



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X the ninth day of July, 1605/ a Httle barque 
was making its way southwardly across-Casco 
Bay, It bore that brave Christian grentleman 
Samuel de Champlain,' and his friend the Sleur de 
Monts^ with other crentlemen of France, two Indians and 




1. Vide Voyages of Samuel de 
Champlain, Vrince Society, Vol. II, p. 
•51. 

2. For the most valuable account 
of this remarkable man which has 
yet been written, tho reader is re- 
ferred to the Memoir of him, written 
by the Rev. Edmund F. Slafter, and 
prefacing the voyages of the renowned 
navigator, published by the Prince 
Society, a. d. IbbO. 

3. Pierre du Guast, Sieur de Monts, 
was a favorite of the French King 
Henry IV. Of a gallant and adven- 
turous spirit, he had, several years 



twenty 

before this date, made a voyage for 
pleasure and recreation with bis 
friend De Chauvin to Canada, an un- 
dertaking then considered marvelous^ 
and entitling him who achieved it to 
admiration for heroic daring. Be- 
coming interested in the country, be 
formed a scheme for its colonization, 
and to this end obtained, on his re- 
turn to France, a charter from the 
King of all the territory between the 
40th and 4Gth parallels of North lati- 
tude, which of course included what 
is now New England, the State of 
New York and a portion of Pennsyl- 
vania and Maryland, as well as the 



. ) 



lo GEORGE CLEEVE AND HIS TIMES. 




twenty sailors. They had passed a winter of great 

suffering at the mouth of 
/L/Jfcl/?^ .^^ the St. Croix, and were seek- 
ing a suitable place for a 
settlement. Keeping on their course, they passed sev- 
eral well wooded islands, which concealed from their 
western view a harbor which, had thev discovered it, 
would have satisfied all their requirements, and repaid 
them for all their toil ; but which was reserved by Prov- 
idence for an adventurer of a rival race and of an un- 
friendly faith to take possession of and occupy. The 
harbor which the French adventurers passed unperceived 
was Portland harbor, and the man who was to lay upon 
its shores the corner stone of a flourishing city, was 
George Cleeve,^ then living unknown in Old England, 



vast region extending westward to 
the Pacitic. Formiiic; a company com- 
posed principally of merchants of 
Roueu and Koclielle, and securing the 
services of Champlain, he started from 
Havre de Grace on April 7ih, IGOl, 
and after exploring the coast of what 
is now Nova Scotia and New Bruns- 
wick, finally settled Ijis colony on an 
Island at the mouth of the St. Croix. 
After pa.ssing a winter of great suffer- 
ing and loss of life, De Monts and 
Chatnplain, in the early summer of 
lOOo, set sail on a voyage of explora- 
tion southward, to find a more prom- 



and 

ising place for settlement, which is 
the voyage here alluded to. Their 
efforts, as we know, were not attend- 
ed with success. 

4. Much research in England has 
failed to find the family or birth place 
of George Cleeve. The following 
entry in the Register of St. Peter's, 
Cornhill, naturally engages our atten- 
tion : 

"1014, Sept. 22. Thursday. George 
Cleeve of this p'ish and Alice Stan- 
stall of St. Savors, in Southwarke, by 
lycense fro' Mr. Kempes." 

In the Registers of St. Michael, 



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GEORGE CLEEVE AND HIS TIMES, ii 




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and undisturbed by any dream of a future life in the 

then almost unknown New 
World on the other side of 
the misty Atlantic. Still sail- 
ing, but in a more westerly 
course, the little barque skirted the w^Doded shores of 
Cape Elizabeth, and coming in sight of the broad, level 
beaches of Old Orchard, then uncovered by the tide — 
and irleamino- as white as snow to their admirinsf craze, 
they dropped anchor to await the rising of the tide 
which should float them over the bar which lay between 
them and the mouth of the river^ which they'saw pour- 
ing its waters into the bay beyond. The strange sight 
of the white winged craft, so unlike their own frail canoes, 
attracted the natives as she sailed along, and they quick- 
ly gathered upon the shores, building fires, gesticulating 

and 



Cornhill, the name of Cleeve occurs 
twenty-two times, beginning in IGGO. 
Alexander Cleeve, of Cornhill, was in 
1701, of the worshipful thePewterers' 
Company, and Edward Cleeve became 
his successor in 1722. Mr. W, H. 
Overal.. in commenting upon this 
family says : " I have no doubt your 
George was one of the early members 
of this family, but the evidence to 
prove it is warning." If this is correct 
and the marriage above noted is that 
of the founder of Portland, "Joane 
Cleeve," whom he called late in life 



" my now wife," was a subsequent 
conjugal partner. 

5. Champlain called this river the 
Choiiacoet, which fully ideuLitied it 
with the Saco. 

The English also tried to pronounce 
the word after the Indian mode, call- 
ing it Sawocotuck, Sawakquatook and 
Sowocatuck. The meaning of the 
name is said to be the Burnt Pine 
Place. Vide language of the Abena- 
quies. [Maine liist. Coll., Vol. IV, 
p. 192.] 



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12 GEORGE CLEEVE AND HIS TIMES, 



and dancing to attract the attention of the pale faces.^ 
Not far away was a large wooded island, w^hich the Sleur 
de Monts wished to explore, and taking one of the ship's 
boats he directed his course thitherward. Landing 
upon its sloping shores, the eyes of the strange visitors 
were delighted by the luxuriant groves of oak and nut 
trees^ which covered it, whose broad spreading arms 
were burdened with the vines of the wild grape heavy 
with their immature fruitage f indeed, so abundant was 
the growth of the vine beloved by gods and men, that 
De Monts at once aptly. bestowed upon it tlie name of 
BaccJiiLS Island. Here, also, were plots of waving 
maize ; of beans, pumpkins and squashes then in blossom, 
all of which were cultivated successfully by the Indians 
in the neighborhood.'^ When the tide served, the 
voyagers crossed the bar, and, soon after, sailed away, 
leaving the red men in undisturbed possession of their 
pleasant domains. Year succeeded year, and although 

the 



6. Vhlc Voyages of Samuel de 
Champlain, Vol. II, p. 62. 

7. Probably the hickory which is 
still found growing in this vicinity. 
The butternut, which Williainsoii 
says is the only species of Walnut 
tree native to Maine, may also have 
grown on the island at this time. 

8. Uca Sylctstris. Early voy- 
agers from the time of Lcif Kricson 
speak of the abundance of grapes 



found growing wild on the New Eng- 
land coast. They have now, however, 
nearly disappeared, owing, probably, 
in a large measure to the loss of 
shelter formerly afforded them by 
the forests which have been removed. 

9, Vide Voyages of Samuel de 
Champlain, Vol. II, p. 01. 

10. Vide A description of New 
England, by Capt. John Smith, (Re- 
print) Boston, 1805, p. 19. 



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GEORGE CLEEVE AND HIS TIMES. 



13 



the nations of Europe were looking across the Atlantic, 
and each was emulous of establishing its rule on the soil 
of the New World, the shores of Casco Bay were neg- 
lected. True, the ships of >^ 
1 6 14. Smith, '° and occasional ves- --^^ ^=^=y>r}^i'{!' 

sels fitted out by adventur- ^ ^ 

ous merchants to fish in the teemins^ waters with which 
these shores were washed or to trade with the natives 
by whom they were peopled, visited them, but no 
1623. attempt at a settlement was made until eighteen 
years after the visit of Champlain, when Chris- 
topher Levett," a native of York, sailed upon the 
^ /p ^^^<\// - coast, first touching upon 

H^ <?S ^^^ W" ' the Isles of .Shoals," from 
whence he sailed to the mouth of the Saco, which he 
describes as issuing from a great hill lying to the west, 
called by the Indians the "Crystal Hill," which could be 
seen when approaching the coast from any point between 
Cape Cod and Monhcgan Island.'^ It was towards 

this 




11. Vide A Voyage into New Eng- 
land, by Christopher Levett. Coll. 
Maine Hist. Society, Vol. II, p. 79. 

12. Called by Ciiamplain Men 
(inncz hiiutes, and by Smith, a few 
years later, SiiiUh'.<t ].sl<\s. They are 
eishl in number, and lie about seven 
and a half miles from the mainland. 

3 



13. The most noted island in an- 
cient annals on our coast. It was a 
point to which early navigators di- 
rected their course, and became a 
favorite resort to fishermen. Its first 
owner was Abraham Jenncns, of 
riymouth, England, the father-in-law 
of .Moses Goodyear, the partner of 
Robert Trelawny. 



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14 GEORGE CLEEVE AND HIS TIMES. 

this wonderful hill, which we recognize as the most 
prominent peak of the White Mountain range, be- 
hind which they nightly beheld with admiring awe the 
sun withdraw itself, that the red men were wont to point 
when Levett asked them where their heaven was. 

About the mouth of the Saco were cleared grounds, 
fine proves of timber and abundance of eame.'^ From 
here Levett pushed eastward, coming to a place about 
two leagues from Cape Elizabeth, called by the Indians 
" Quackr '' This he tells us is a bay or sound between 
the main land and certain islands lying about a mile and 
a half from the shore. The harbor he describes as 
formed by four islands ; the land in the vicinity excellent 
and the fish and game abundant. This is the first descrip- 
tion which we have of Portland harbor, where, had not 
Champlain missed it eighteen years before, Levett would 
have probably found a French Colony seated. As it 
was, however, he sailed up the harbor and entered a river 
to which he gave his own name, and which abounded in 
salmon and other fish. Shortlv after this he obtained 
permission to settle a plantation at " Quack " from the 
. . Saoramore 

o 

14. Vhlo. New English Canaan, 1 giou between Casco and Cape Eliz- 



Prince Society, p. 189 ei svrj. Josse- 
lyn's Two Voyages, p. 78 et i(cq. 
Woods' New England's Prospect, pp. 

15. The name applied to the re- 



abeth. An abbreviation of PekwaJi- 
aki, or, according to Roger Williams, 
Pequnuhock (the pe being indistinct), 
and meaning the clam place. 






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GEORGE CLEEVE AND HIS TIMES. 15 



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Sagamore'^ of Saco, " who," he says, " as I conceive, hath a 
natural right of inheritance." He continues, " I sailed 
to Ouack or York with the Kins^, Oueen and Prince, 
bow and arrows, dog and kettle in my boat, his noble 
attendance rowinor by us in their canoes." Here he 
found several English ships from Weymouth'^ engaged 
in fishing, and being asked by the wife of the Sagamore 
if their crews were his friends, Levett told her they 
were, when she welcomed them to her country, and 
drank to them, and continues Levett, " She drank also 
to her husband and bid him welcome to her country too ; 
for you must understand that the father was tlTe Saga- 
more of this place and left it to her at his death, having 
no more children. And thus, after many dangers, much 
labor and great charge, I have obtained a place of habita- 
tion in New England, where I have built a house and 
fortified it in a reasonable and good fashion, strong 
enougli against 'such enemies as are these savage 
people." '^ Leaving ten men in possession of his planta- 
tion 



IC. The title applied by tlie north- 
«ni Inilians to the one in chief com- 
nu'iiid of ;i tribe. The term Sachem, 
siijnifyifij:: the same, was used by 
trib* s farther south. 

17. A seaport in the County of 
Dorset, whence many ves.sels were 
sent to fi.sh on our coast. 

18. That this house was built UDon 



an island in Portland Harbor is now 
settled, if it was not before, by the 
recent discovery of Maverick's Man- 
uscript, in which appears the follow- 
ing: 

"About the yeare 1G02 (1023) there 
was a Patent granted to one Capt 
Christopher Levett for G.OOO acres of 
land which he tooke up in this Bay 



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i6 GEORGE CLEEVE AND HIS TIMES. 



tion, to guard his house and probably to clear and till 
the land, Levett set sail for England in 1624, intending 
to transport his family to a new and permanent home in 
Casco Bay. :h i 

That this was his intention, we may properly infer, 
not only from his own statements and the fact of his 
having obtained a grant of six thousand acres of land in 
New England,'^ but as well from his wise and conciliatory 
policy towards the nativ^es in recognizing their rights in 
the soil, and purchasing of them the territory upon 
which he proposed to establish himself. But his project 
never came to fruition, owing to the unpropltlous con- 
dition of affairs In England. Levett had relied upon 
royal aid to establish himself in the New World, as King' 

James was 
well known 
to be warmly 
interested in 
all schemes 

of colonization, but he reached home at a period when 
his royal master was distracted by troubles growing out . 
of the rupture with Spain, on account of the intrigues 

of 




neare Cape Elizabeth and built a 
good House aud fortilied well on an 
Island lyeing before Casco Kiver 
this he sold and his Interest in the 
Patent to Mr Ceelcy Mr Jope and 



Company of Plimouth." 

From the house built by Levett 
this Island probably derived its name. 

19. Vide Records of the Council 
for New England, p. 40. 



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GEORGE CLEEVE AND HIS TIMES. 17 

of Buckingham in breaking off the long projected 
marriage of Prince Charles and the Spanish Infanta, 
and in the midst of preparations to re-conquer the 
Palatinate, War ; the death of James ; the plague and 
the exciting political dissensions which ushered in the 

reign of Charles the 
First, all conspired to 
prevent Levett from 
speeding his under- 
taking to a successful issue. Royal protection had become 
necessary, as e^rave differences existed between Eno-land 

i>» 

and France, relative to the ownership of the soil upon 
which he had built, and for three years Levett doubtless 
labored to obtain the needed aid from Charles, 
1627. for we find him in 1627, "deterred and dis- 
couraged " in proceeding with what he had begun, 
at last successful in attracting: the attention of the Kinir, 
who, in that year, ordered by proclamation a special con- 
tribution to be taken in the churches of York'^ to aid 
him in his project of building a city in New England, 
which was to bear the name of York, after the builder's 
native city. He had succeeded in attracting the atten- 
tion of Lords Conway and Scrope, the latter being Lord 
President of York, and above all, had reached the ear of 

the 

20. Vide Proceedinj^'s Afass. Hist. Society. Vol. 20, pp. 339-341. 



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i8 GEORGE CLEEVE AND HIS TIMES. 

the Secretary of the Duke of Buckingham, which was 
next to reaching the ear of royalty. It was doubtless 
through the influence of such powerful friends that 
Levett secured this extraordinary act, for Charles was 
too much distracted with troubles at home and abroad 
to hear any but the most powerful appeals. 

How successful this proclamation was in leading 
churchmen to contribute to Levett's scheme we know 
not; but we may properly infer that it was fortified by 
warm appeals of the clergy to the friends of Episcopacy, 
to aid in establishing in Maine a colony friendly to 
Episcopal interests, a project persistently kept in view 
for many years — INIassachusctts being almost hopelessly 
given over to Puritanism. But whether successful or 
not in obtaining pecuniary help, Levett does not appear 
to have prosecuted his projects further, for after 162S he 
disappears from view. Erom a statement of Clecve, we 
learn that he conveyed his property in Casco Bay to 
"one Wright," " of whom Cleeve purchased It In order 
to strengthen his own title, nor do we know what became 
of the men whom he left in possession. Four of these 
he informs us were from Weston's unfortunate company 

which 



21. Tl.e pj\tent of Levett, Maver- 
ick informs us, was purchased by a 
company of riyniouth adventurers. 
Wright may have been a member or 
agent of this company. This patent, 



with the Indian title which Levett 
possessed, should have taken pre- 
cedence of all other titles, including 
that of Massachusetts. 



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GEORGE CLEEVE AND HIS TIMES. 19 

which had settled at Wessagussel or Weymouth In the 
summer of 1622. This company had broken up before 
the arrival of Levett, who had been sent out by the 
Council for New England as one of a commission "for 
the ordering and governing of New England," and their 
habitations were taken possession of by the commis- 
sioners. Some of Weston's company probably remained 
in the vicinity, and it is quite probable that Walter 
Bagnall, who has been regarded as an associate of Thomas 
rT^ ^ J -r Morton of Merry Mount 

V /??mZS C^C^'Hn^ f,„,e, and who was one 

of Weston's company was one of them. According to 
Winthrop, he was living in 1627 on Richmond's Island, — 
the Isle de Bacchus of Champlain — which now for the 
first time comes plainly into historic view. Nor do we 
know at what time between this date and that of the 
visit of Champlain in 1605, it acquired its name of 
Rich man's or Richmond's Island. Dim and uncertain 
are the glimpses we get of this period. ^Ye have the 
names of several men who were living " in the house at 
Casko " in 1630,'' and for a brief moment the shadowy 
curtain of the past is lifted, revealing to us one George 
Richmond of Bandon-bridge in Ireland,'^ the cradle of 

Puritanism. 



22. These were Nicholas Kouse, 
of Wemberg, Thomas Alger and Kd- 



mund Baker, of Newton Ferrers. 
23. Vhlt Trelawny Papers, p. 143. 



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20 GEORGE CLEEVE AND HIS TIMES. 

Puritanism in that unfortunate land ; but he suddenly 
disappears, leaving us perplexed and disappointed. Cer- 
tain, however, is it, that George Richmond was at the 
head of some enterprise which employed men ; which 
required the building of a vessel and the possession of 
a considerable stock of merchandise, and there seems to 
be reason to believe that he gave his name to this island, 
which was soon to become an important station for trade, 
and a goal to which ships coming upon the coast should 
direct their course. - 








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ARLY in the seventeenth century English 
'^^"" merchants, who have ever been daring and 
successful pioneers in opening new countries 
to civilization, be2:an to turn their attention to the New 
World, which afforded to adventurous spirits aii attractive 
field for enterprise. Trade with the natives, who were 
easier to exchancre furs rich enouo;h to enhance the 
luxury of royalty, for almost worthless gewgaws, had 
long been extolled by enthusiastic penmen, and Smith 
had asserted and practically demonstrated the great 
value of the New En^'land fisheries. The Council for 
New Encrland, which held a roval errant of the entire 
portion of the Continent lying between the fortieth and 
forty-eighth parallels of latitude, anxious to develop its 
property, had encouraged schemes of colonization and 
trade, but with little success. Private adventurers, 
jealous of the powerful monopolists, preferred to act inde- 
pendently of them, but the more prudent recognized 
their rights, which really required but little if any pecu- 
niary 



22 GEORGE CLEEVE AND HIS TIMES. 

niary sacrifice, for the Council seemed ready at all times 
to grant important privileges for a merely nominal 
recognition of its rights. 

The business of the Council appears to have been 
done in a very loose manner, and grants made which 
conflicted with each other, probably through ignorance 
of the geography of the country and the confusion 
of local names. One of the most Important of these 
grants is known as the Lygonla'^ Patent, and 
1629-30. was made in 1629-30, to several gentlemen of 
London, who undertook to establish^a colony 
for the purpose of planting, fishing and trade, upon the 
then almost unknown >hores of Maine. Very important 
privileges were granted to this company. Not only was 
it elven territorial ris^hts, but it was clothed with gtov- 
ernmcntal powers, a privilege not bestowed by the 
Council upon subsequent patentees in Maine. The 
bounds of the Lygonia patent extended from Cape 
Porpoise'^ along the coast north eastwardly forty miles, 
and inland the same distance, and therefore embraced 

an 

24. IHie mother of Sir Ferdiiiando \ Gorges, was farther west, and the 

Gorges was Cicely Lygoii, and from i similarity of the names of the two 

her the Province derived tiic name provinces sometimes occasioned con- 

which it continued to bear while it I fusion. 



existed, namely, the Province of Ly- 
gonia. The Province of Laconia, be- 
longing to Mason, the associate of 



25. This cape is at the mouth of 
the Kennebunk River, twenty miles 
south-westerly from Cape Elizabeth. 



J ' 1 , . 1 



GEORGE CLEEVE AND HIS TIMES. 23 

an area of territory forty miles square. It will be seen 
that this grant embraced subsequent ones on the Saco 
river, Cape Elizabeth and Casco Bay. The patentees 
at once began making preparations to establish a colony 
upon their property. To awaken interest in their under- 
taking, glowing descriptions were made of the country. 
Its soil was represented as fertile, its climate mild, and 
its shores convenient for commerce, while its luxuriant 
forests abounded with game of every sort easy to capture. 
It was, to the fancy of those who listened, a new Canaan 
indeed, and a small band of adventurers soon gathered 
under the alluring title of the " Company of Husband- 
men," ready to undertake the voyage to this land of milk 
and honey. A particular description has been given of 
this grant, as it was destined to play an important part 
in controversies growing out of disputed titles, as we 
shall see. The leading spirit of the Council for New 
England, indeed the one who shaped and managed 

nearly all of its affairs, 
'/f <7z? was Sir Ferdinando 
Gorges, of Cornwall, 
a zealous churchman, 
who was warmly interested in colonization, not alone for 
private gain, but, as well, for the advancement of the 
interests of the Church he loved. He was a man of 

popular 




t^^- 





d 



ff; 






24 GEORGE CLEEVE AND HIS TIMES. 



popular qualities, at this time in the zenith of his power, 
and was sousfht bv those who were lookincr towards New 
England, for information and counsel. Amonsf those 
of his brother Cornishmen who had sent ships to New 
Eno-land were Robert Trelawny,'^ Senior, and Abraham 
Jennens,'^ both noted merchants of Plymouth, whose 
ships had doubtless fished and traded about the shores 
of Richmond's Island and Cape Elizabeth, before and 
during the occupation by Bagnall. 

The death of the senior Trelawny took place near the 

close of 1627, and he was suc- 
COiJ^ u*^^r /^^ct.**^ ceedcd by his son Robert,'^ who, 

in company with Moses Good- 
year the son-in-law of Jennens, 
inherited the spirit and traditions as well as the business 
of the two pioneers in the New England trade. John 
Winter,"' probably a son of the early navigator of that 
name, was in the employ of Trelawny and Goodyear, and 

familiar 




26. Kobert Trelawny, Sr., was not 
only a successful merchant, but was 
thrice elected Mayor of riymouth. 
He died in December, 1027. Vld<t 
Trelawny Papers, p. xix. 

27. The original patentoe oi the 
island of .Monhegan. Smith mentions 
two of his vessels fisliing here in 1022, 
namely, the Abraiiam. of riymoalh, 
and Nightingale, of Portsmouth. 

28. Kobert Trelawny, Jr., by a 



singular coincidence, was thrice elect- 
ed Mayor of Plymouth, as his father 
had been. He was subsequently 
elected to the Long Parliament, but 
was in)prisoned upon a charge of 
uttering sentiments derogatory to the 
power of Parliament, and died in 
prison in 1044. Vidt Trelawny Pa- 
pers, pp. xvii-xxix. 

20. He died at Richmond's Island 
in IGlo. His descendants through his 



GEORGE CLEEVE AND HIS TIMES. 25 

familiar with Richmond's Island and Casco Bay. The 
new partners were well fitted to continue the enterprise 
of their predecessors, especially Robert Trelawny, who 
had inherited the ability and ambition of his father, a man 
not only successful as a merchant, but of considerable 
political prominence before his death ; indeed, the spirit 
of foreign adventure had long been potent in his family, 
stimulated, perhaps, ab origiuc, by its connection through 
marriacre with the Hawkins family, to which belono-ed 
that famous navigator. Sir John Hawkins, and the junior 
Trelawny grasped the helm, which his father had re- 
linquished, with a strong hand. The Trelawnys, whose 
family was among the most ancient and honorable in 
Cornwall, were favorably known to Gorges, and were 
eiicouracrcd by him in their New Eno^land adventures; 
but up to the date of the death of the elder Trelawny, 
no grant of territory in New England had been taken 
by them; indeed, their business had been of a transient 
and experimental nature. 

The new firm, however, contemplated more permanent 
relations with the new country on the other side of the 
Atlantic, and the acquisition of a plantation there was 

discussed 

daughter Sarah are nutnerous in I'ort- from him particulars of a voyage 

hind and vicinity. The senior Winter i made with Drake forty-three years 

is referred to by I'urchas, who met ' before. Vida Turchas, Ninth Book, 

him at Bath in 1018, and received i p. 021. 



• » ; 



26 GEORGE CLEEVE AND HIS TIMES. 

discussed between them and Sir Ferdlnando Gorges, 
probably not long after the death of the elder Trelawny, 
certainly prior to 1630. At the same time George 
Cleeve was turninsr his attention towards the New 
World, which was then attracting increased attention 
from the subjects of Charles, among whom, almost with- 
out distinction of party, discontent was rife. Voyages 
were made to New England for the purpose of exploring 
the country and selecting desirable places for settlement, 
and these voyages were often made under the promise 
of a grant of the territory selected. Under such a 
promise from Gorges,^° Cleeve, who it would seem was 
cognizant of the negotiations between Gorges and Tre- 
lawny, and who was probably well known to both, crossed 
the ocean In the year i630,Avith his wife and daughter, and 
came to the vicinity of Richmond's Island, where Walter 
Bagnall was then living. This man is supposed to have 
been one of Weston's company, with which Thomas Mor- 
ton came over in 1622, and which settled at Wessagusset, 
or of Wollaston's company, which three years later settled 
about two miles farther north, at a place called Passon- 
agessit, now the site of Oulncy. This was the scene of 
Morton's boisterous revels, in which Bagnall is supposed 
to have taken part. If he came with Weston's company, 

which 

30. nJe Trelawny Papers, pp. 206, 20s, 22G. 



TI '■:iii '\7J 



1 1 , • I ■ 



GEORGE CLEEVE AND HIS TIMES. 27 

which was broken up at the time Levett arrived in the 
country in 1623, Bagnall may have been one of the men 
whom Levett says he took from that company, and left 
in charge of his house in Casco Bay. If such is the 
fact he probably drifted back to Massachusetts a year or 
two later and went into the service of his old companion, 
Morton, of Passonagessit, when the latter returned to 
this country, and when this intemperate crew fell to 
pieces, returned to the vicinity of Casco Bay. Be this 
as it mav, we find him established in trade with the 
Indians on Richmond's Island as early as i628,Jiaving 
one companion whose name is lost to us.^' Bagnall 
{practiced fraudulently upon the ignorant natives, selling 
them the deadly fire water which they so loved, and 
when under its influence, stripping them of their " Beaver 
and Wampompeage." On the main land, within sight 
of the trading station of this unscrupulous trafficker, 
George Cleeve found a suitable spot for planting and 
trade. This land was in the possession of Richard 
Bradshaw, who had made a voyage of prospection to 
New England, a practice then common, and had secured 
delivery of the same, pending the procurance of a patent 

therefor 

ni. vide Wilithrop's Hist. N. E.,Vol. I, p. 75. 






'•" : I ! ' 



I J 



2% GEORGE CLEEVE AND HIS TIMES. 




therefor from Captain Wal- 
ter Neale,^' who had been 
sent out by Gorges and 
1630. Mason, in the Spring of 1630, as Governor of 
the Piscataqua Company, a band of colonists 
which had settled at the mouth of the Piscataqua river. 
This delivery constituted simply an act of preemption, 
entitling the holder to the first right of purchase, and 
was considered bv all concerned as a valuable ri^ht, as 
it is to-day under our own preemption laws. The whole 
country was a wilderness, which had been parceled out 
among favorites of the crown, and concerning which but 
little was definitely known. It was all open to adven- 
turers, to whom great inducements to settle were offered, 
and it made but little difference at this time where a 
grant was located, providing it did not interfere with a 
previous one, nor indeed was this proviso always ob- 
served, even after a patent had passed, w^hen sufficient 
reasons seemed to exist for Is^norlno- it, as we know from 
the experience of John Stratton and others." It would 

appear, 



32. Tlis title of Captain was con- 
ferred upon him for military service. 
He reuirned to England in \0'-\^, but 
peiilioned the King in 1038 to appoint 
him a Governor in New England, bas- 
ing his request upon past services. 
lu this he was not successful, and 



never returned here. Vi(Je Sains- 
bury, Vol. I. p. 28o. 

03. The Council for New England 
granted to John Stratton, on Decem- 
ber 2d, 1031, ''2000 Acres butting 
upon y south side of border of y^' 
"River or Creeke called by the name 



y:-\^'\'\ -'in cvAi. .. 



i i < ! i , 

\-\ i 



I. 



GEORGE CLEEVE AND HIS TIMES. 29 



r 



dihC. 



appear, from all that we know concerning this transac- 
ti'-n, that Cleeve joined his promise of a grant of land 
with thi> preempted right of Bradshaws, which had been 

purchased by Richard 
Q 0^1 Y'n^i x^ Tucker, and awaited a 

patent for the same from 
r]ni;Ian(.!. In no other way can his declaration in Court, 
w huh was not controverted, be explained.^^ Leaving the 
futih'jr consideration of this subject, we will take a brief 
glance at the condition of affairs in the vicinity 
1631. during the year of grace 1631. The nearest 
neighbor to Cleeve and Tucker on the Spurwink 
and I>agnall on Richmond's Island, was John Stratton, 
V. 1^) was living, probably alone, on the little island which 
^till ix-ars his name, a little west of Richmond's Island 
and opposite Black Point. Farther west, upon the east- 
cm bank of the Saco, Richard Bonython^^ ^^d Thomas 

Lewis, 



••/ CaiK.' Torpus," yet, some years 
.»Uf, dr>j)iie of SLratton's patent and 
ti« pruti-st a;:ain.n it, Thomas Gorges, 
^ •k't'tu (or the Lord Troprietor, par- 
rTl.rti out the territory to others. 
\'^l< U< cords of the Council, p. 52. 
-' .'.u Wlivdwri-ht, p. 44, (^scv/. 
»'* Vidt Tnlawiiy l^ipers, p. 20G, 

.'A (\i;)iain Ilichard Bonython, a 
•^ionof ihe .-incient house of Bony- 
U.< n, Wt-3t Cornwall, lie was about 
s 



fifty years of age when he came here, 
bringing a son and two daughters. 
lie was a member of the first court 
under Gorges in 1G40, and served as 
Councillor in 1G45. He was a man 
much respected by his associates and 
well sustained his character" of a 
magistrate. His son John was a rep- 
robate, but such was the unflinching 
rectitude of the father that he entered 
a complaint against him for threaten- 
ing violence to Kichard Vines. lie 



t I 



1 I ( 



(1/iJ 



.1 



', I ■ 



30 GEORGE CLEEVE AND HIS TIMES. 



Lewls,^^ men of energy and character, and opposite on 

the western bank Richard 

^ v*-^ ( _ /^ of Sir Ferdinando Gorges, 

with a few hardy men as 
brave as themselves, were clearing the forests and trying 
to create a home in the wilderness. Eastward the nearest 
neio^hbor was Arthur Mackworth/^ who, at this time, 




^(^ 




had doubtless seated himself on the point beyond Port- 
land 



died about the year 1G50. Vide 
Carew's Survey of Cornwall, 1G02, 
Gilbert's Hist, of Cornwall, 1817, 
Maine Hist. Coll., Vol. I, p. 44, Fol- 
soiu's Saco, pp. 20, 113. 

30. Thomas Lewis, the associate 
of Captain Bonython, we are told by 
Folsom, was "a gentleman of more 
than ordinary standing." His daugh- 
ter Mary married the Rev. liichard 
Gibson, the first Kpiscopal minister 
in Maine. He died greatly esteemed 
in 1038. 

37. Richard Vines visited New 
England under the patronage of Gor- 
ges in 1000, and again in 1010, pass- 
ing the winter following at the mouth 



of the Saco. He was a man of great 
energy, an ardent Episcopalian, and 
fully trusted by Gorges, whom he 
served with zeal. Eecoming dis- 
couraged, he removed in 1045 to Bar- 
badoes, where he engaged in the prac- 
tice of medicine. A certificate of his 
burial is in my possession, dated April 
19th, 1051, which gives us for the first 
time the approximate date of his 
death. VhU Brief Narration, Me. 
Hist. Coll., Vol. II, p. 24. John 
Wheelwright, 120, Mass. Hist. Coll., 
4th Series, Vol. VII, 337 el seq. 

38. Arthur Mackworth was doubt- 
less one of Richard Vines' company 
when the latter came to New Eng- 



..:'' ,r\ 



\>. ■ \ 



GEORGE CLEEYE AND HIS TIMES. 



31 



land Neck, which still bears his name, but which was 
called by the Indians Alcnickoe, and by him Newton. 
Within the radius of a dozen miles or more, these 
were their only neiirhbors, so far as we know, unless a 
few strac^gling fishermen were carrying on their toil- 
some employment at House Island and one or two other 
{ioints still favorite haunts for fisher folk along the shore. 
l-'ar and near, all was an unbroken wilderness, save tracts 
of land here and there which had been burnt over by the 
Indians, and had grown up to grass, presenting chann- 
ing openings in the summer time, bright and fragrant 
with wild ilowers, and musical with the soncfs of ccnmtless 
birds. The streams abounded with trout and salmon, 
which the gentle angler could lure to his basket with 
a >crap of red cloth, if he possessed no more succulent 
in<>r>el to offer them. The woods, too, were full of game 
of every sort, from the wild pigeons, which at sunset 
setth-d down upon the great pines in immense flocks, to 
the clumsy bears which fished for lobsters in the pools 
\v\\ shallow bv the ebbinij tide.^"^ Nor was the sea less 
populous than the forest. Herring, mackerel, cod and 
the much prized bass crowded the waters adjacent to Rich- 
mond's 

l.ina iu ir^io. M:ickwuith must very [ 30. " The Beare is a tyrant at a 

•iivriiy .-xftor this date have settled | Lobster, and at low water will downe 

la ( jtsco llay. For an account of to the Kocks and groape after them 

M.ickworth, cuZc Trelawuy I'apcrs, p. with great diligence." Vide. New Eng- 

'i\\ note 2. lish Canaan, Prince Society, p. 200. 



. ( ; ■ ;» ' " 



I , 



IJ 



Z2 GEORGE CLEEVE AND HIS TIMES. 



mond's Island and the Spurwink/" and along the margin 
of the sea hovered numberless wild fowl, acceptable for 
food. Never had the new comers from the Old World, 
where game, protected with jealous care, was the peculiar 
privilege of the rich, beheld such abundance, and they 
wrote home extolling the country as a new found Para- 
dise. Such was the condition of things in 1631, while 
Cleeve and Tucker were establishing themselves in their 
new home, and looking forward to a profitable trade 
with the roving bands of Indians which camped about 
them, readv to exchansre the valuable furs of the otter 
and beaver for gaudy trinkets, and above all else, for 
the deadly fire water of the pale faces. During the 
summer of 1630, the company of Husbandmen already 
spoken of had arrived in their ship called the Plough, a 
name given to it in harmony with the purposes of the 
enterprise, and settled in " Casco Bay, near unto the 
south side of the river Sagadahock,^' and laid out several 

sums 



40. " The Ilerrin which are numer- 
ous they take of them all sumnier 
long — there hath been 3000 Basse 
taken at a set." Vide Josselyn'a 
Two Voyages, p. 84, et tie<j. 

41. Sullivan, with his usual care- 
lessne.ss, makes this settlement on the 
south side of the Saco. Although 
there may have been a confusion of 
names between the Saco and Sagada- 
hock, it is quite certain that the Saco 



was not the place where the Company 
of Husbandmen temporarily settled. 
Had conlh-mation of this been needed, 
it has been recently furnished in 
Maverick's Description of New Eng- 
land, in these words: "There was a 
patent granted to Christo. Batchelo'' 
and Company in the year 1032* or 
thereabouts f(^r the mouth of the 
liiver (Kennebeck) and some tract 

♦ The date giveu by ;M averick is wrong. 



'] 



), I i 



GEORGE CLEEVE AND HIS TIMES. 33 

sums of money there, made laws and constitutions, &c., 
for the governing said province." With the people 
composing this colony, George Cleeve must have been 
acquainted. We may, indeed, suppose that he knew 
their plans and was familiar with their patent. This 
colony, however, which started out with such high hopes, ' 
was destined to end ignominiously, for after continuing 
until the summer of 1631, its members became dissatis- 
fied on account of the exaggerated statements which • 
had been made to them of the mildness of the climate . 
and fertility of the soil, and putting their household 
goods and other property on board the Plough, they 
sailed for Massachusetts Bay, where, upon their arrival, 
the company broke up."*' While these events were taking 
place, Bagnall, who was living as a squatter upon 
Richmond's Island, being anxious to obtain a title to his 
dwelling place, applied to the Council for New England, 
probably through Thomas Morton, who was then in 
England and in favor with Gorges, for a grant of Rich- 
mond's Island and other territory, and on the second 
of December, 1631, a patent was granted to him for 
this island and fifteen hundred acres on the main land."*^ 

'. But 



of land adjacent, who came over in 
the Sliip named the riough and 
termed themselves the IMougli Com- 
panie." Vide Sullivan's Maine, p. 
:J10, e( acq. Maverick's Description 



of New England, p. 8, 

42. Vide Winthrop's Journal, Vol. 
I, pp. 69, 72. 

43. Vide Records of the Council, 
p. 52. 






,.'jj . 






( i ' '- 






./. . '' S. .fi 



. '>. ^ 



34 GEORGE CLEEVE AND HIS TIMES. 

But when the q^ rant was made the wretched Bao-nall had 
ceased to hve, for on the evening of October 3d, 
1 63 1. 1 63 1, a company of Indians, under the lead of a 
well known Sagamore, Squidrayset, visited the 
island upon pretence of trade, and revenged their many 
wrongs by slaying him and his family, plundering his 
house and burnino; it over the bodies of its murdered 
inmates/^ The news of the tragedy went to Captain 
Walter Neale, who governed at Piscataqua, fifty miles 
westward, and on October 2 2d, nearly three weeks 
after its occurrence, reached Governor Winthrop at 
Boston, who " hearing that Capt. (Walter) Neal, etc., 
were gone after them (the murderers) and partly because 
of the season (it being then frost and snow) and want of 
boats fit for that expedition," did not attempt to appre- 
hend the criminals. Indeed, under more favorable cir- 
cumstances, this would have been useless, as the Indians 
could easily have eluded apprehension; but, in the Gov- 
ernor's situation, such an attempt wou^d have been un- 
wise in the extreme. His little colony had landed only 
the year before on the bleak shores of the Bay, and their 
hands were overfull with the labor of preparing their 
poor habitations against the approaching winter, and the 
inf^atherino: of their meaorc harvests. To have taken 

men 

44. Fitie Win throp's Journal, Vol. I, p. 75. 



? « ■ ' I 



"; V. h 



n ,, J > ; •, • i 



'■ 



1779142 



GEORGE CLEEVE AND HIS TIMES. 35 

men from these necessary occupations to send upon such 
an unpromising expedition would have entitled Win- 
throp to the censure of prudent men, and we can admire 
the zeal more than we can commend the judgment of 
Captain Thomas Wiggin/-^ of Piscataqua, w^ho tried to 
persuade him so to do. Fifteen months later, however, 
to avenire Ba2:nairs killing; an Indian, said to have been 
one of the band which slew him, was taken, by chance, 
on Richmond's Island and hung there by a party return- 
ing from the east,-^-^ whither they had been in pursuit 

of Dixy Bull^~ and his piratical crew. 

- The 



4.3. Thomas Wisj^in was a man of 
considerable importance in the early 
lii.storv of Now Kn2:land, and was jrov- 

• rnor of the upper plantation, as it was 
railed, wlnle Walter Xeale was govern- 
orof the adjoining or lower plantation. 
Although a i)rot*'<j*'' of Gorges and 
Mason, he seems to have deserted 
iheir cause, for we find him subse- 

• luently acting with the Tiiritans and 
one of the Massachusetts judges, or 
iissl slit ids. He was one of the Com- 
missioners employed by Massachu- 
sells in 10.V2 to receive the submis- 
sion of ilie inhabitants of Maine. 

t'». This Indian's name was Mau- 
:itakrjna, or as the whites called him, 
niark. William, and was the Sachem 
of Nahant. Wood tells us that " One 
iitui kt: Willicun, an Indian Duke, 
out of his generosity gave this place 



(Nahant) in generall to this planta- 
tion of Saugus, so that no other can 
appropriate it to himselfe." He does 
not appear to have had anything to 
do with the killing of Bagnall. Drake 
comments upon his cruel execution 
thus : " I do not find that any one, 
even his murderers, pretended he 
was any way implicated ; but, out of 
revenge for BagnalVs death, these 
pirate hunters hanged Black Wil- 
Haul." Squidrayset, or Scitterygusset, 
who was the real murderer of Bag- 
nall, lived near the mouth of the Pre- 
sumpscot, and a creek there still bears 
his name. Vide Wood's New Eng- 
land's Prospect, p. 4G. Drake's Book 
of the Indians, p. 112. Maine Hist. 
Coll., Vol. I, p. 03. 

47. Dixy Bull came to New Eng- 
land as an associate patentee with 



r ': I ' 



]\l 



(' J. 



36 GEORGE CLEEVE AND HIS TIMES. 



The removal of Bagnall doubtless inured to the public 
welfare. Such unscrupulous men, by their abuse of the 
Indians, incited them to revenge, and as it was in accord- 
ance with the Indian code to make a whole tribe 
responsible for the acts of one of its members, so if an 
Englishman did them a wrong they were all too ready 
to wreak their fury^ upon the race to which he belonged, 
hence the innocent settlers were at all times liable to 
have to pay the penalty for wrong acts committed by 
some unscrupulous individual like Bagnall. A month 
previous to the grant to Bagnall, namely, on ^November 
ist, another grant had been made to Captain Thomas 

Cammock,^Svho 







had been em- 
ployed by the 
Council for Ne\\> 
England, of 
which 



Gorges, Maverick and others, of ter- 
ritory on the York River, and was en- 
gaged in trade for some time on 
the coast, as so many of the early 
settlers were. Having lost his vessel 
and goods which were taken by the 
French, in order to make up for his 
losses, he turned pirate and ranged 
the coast, plundering his former 
friends. For particulars concerning 
him reference may be had to Wiu- 
throp's Journal, Vol. I, p. 91. Records 



of the Council for Xew England, p. 
57. Maine Hist. Coll., Vol. V, 205. 
Prince's Annals, p. 431. Also Trelaw- 
ny Papers, p. 23, Note 1. 

48. Cammock had probably taken 
up land on the eastern bank of the 
Piscataqua before this time and built 
there, although he did not receive a 
title thereto until June 2d, 1033. 
He probably did not take up his resi- 
dence at Black Point until 103(3. He 
died while on a visit to Barbadoes in 



r/.i 



T' ' 



r 



:,* ; I 



GEORGE CLEEVE AND HIS TIMES. 37 



which his noble uncle was an influential member/'^ Cam- 
mock had been in New^ England with Neale's company, 
which had settled on the Piscataqiia, where he had 
built, but had explored the country farther east after- 
wards, and being attracted by the beautiful point of land 
o])posite Richmond's Island, now known as Front's 

Neck, 



KM."*, and Henry Josselyn, who had 
resided with him for some years, 
married his widow. Vide Trelawny 
Papers, pp. 2, 8, 10, et j^assim. Fol- 
Bom's Saco.p. 41, e?5f7. ^Taine Hist. 
Coll.. Vol. Ill, p. 12. Josselyn's Two 
Voyai;e.s, p. 10, et passim. 

40. Robert Rich, Karl of War- 
wick, was the President of the Coun- 
cil for the affairs of New Enirland 
ami subsequently Admiral and Presi- 
dent of the Board of Commissioners 
for the government of New England 
under the Protectorate. Ilis sister, 
the Lady Frances, was the mother of 
Captain Thomas Cammock, of Black 
Point. The account of her romantic 
inarria,i,'e with the senior Captain 
'I'lionias Cammock will bear repeat- 



ing. 



Captain Cammock, it would seem, 
was riding from Leighs to Pockford 
Hall, having the Lady Frances on a 
pillion behind him, in company with 
her father, the old Karl of Warwick, 
and a servant. Cammock had been 
making love to the fair lady and sug- 
gested to her an elopement, which 



she at once consented to, and putting 
spurs to his horse he made for Fam- 
bridge ferry, several miles away, 
hoping to reach it and get to Maiden 
on the other side of the river, in time 
to get the nuptial knot iied before 
the Earl's arrival. 

Peaching the ferry, he found the boat 
on the opposite side and the river be- 
fore him swollen and turbulent. He 
told the Lady Frances that he could 
not risk her life by attempting to 
swim the river, but she had the bold 
blood of the Warwicks in her veins 
and urged him on, declaring that she 
would live and die with him. So, 
leaping the bank, he plunged into the 
roaring torrent with his fair charge, 
and when the pursuers reached the 
shore, they were half way across the 
stream. Hearing the shouts of the 
servant, the horse of the runaways 
attempted to turn back, almost un- 
seating the lovers, but the gallant 
Captain succeeded in turning his 
head in the right direction and 
reached the other side in safety. 
Their pursuers had to wait for the 



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• 1 • 



7,8 GEORGE CLEEVE AND HIS TIMES. 



K 



Neck,-''° had determined to make it his future home. 
Returning to England, he had procured on November ist, 
1 63 1, through the influence of his uncle, a grant of the 
coveted territory then known as Black Point on account 
of the dense evergreen growth with which it was covered, 
and which gave, as is well known, an almost black appear- 
ance to. a coast line, especially when contrasted with grey 
rocks, or the lighter foliage of deciduous trees in the vicini- 
ty. While in England he had visited Robert Trelawny, 
at Ham, the Trelawny family seat,^' and New England, 
from which Cammock had latelv come, was a fruitful 
topic of conversation. Cammock had a practical knowl- 



i/l boat, and the result was that the 
lovers reached Maiden, and were 
*' wedded and bedded " before the 
Earl and his attendant had ascertain- 
ed their whereabouts. The father of 
the bride, however, concluded toniako 
the best of the matter, and, in his ad- 
miration of the boldness and daring 
of the lovers, blulHy exclaimed, "God 
bless 'em." 

Tlie proprietor of Black I'oint was 
one of a family of twenty-two chil- 
dren, sixteen daughters and six sons, 
his father having had four sons and 
live daughters by a former marriage. 
GO. Tliis beautiful point of land, 
about ten miles from the city of Tort- 
land, has been, for a long time, a 
favorite place of summer resort. It 



edge 

has been suggested that it was called 
Black Point by the first settlers, on 
account of its proximity to the town 
of Scarborough, as a similar head- 
land near Scarborough in old Eng- 
land is so named; but this is only a 
curious coincidence, as it was called 
Black Point long before the name 
Scarborough was given to the town 
near it. For some time it was called 
Cammock's Neck, then Prout's and 
Libby's Neck after succeeding pro- 
prietors, but is now better known as 
Prout's Neck, which name it is likely 
to hereafter retain, although it would 
be more appropriate to restore to it 
the name of its original proprietor, 
Cammock. 
51. Vide Trelawny Papers, p. 18. 



k 



GEORGE CLEEVE AND HIS TIMES. 39 

edge of the country, and his selection of Black Point 
probably determined Trelawny in his choice of the ad- 
ioinln*/ tcrritorv, where Cleeve and Tucker were located. 
A patent of Richmond's Island, we may reasonably infer, 
had been applied for by Bagnall and a promise of it ob- 
tained from Gorges — whose word once given would be 
adhered to — before Trelawny and Goodyear applied for 
their j)atcnt, or this most important adjunct to their 
grant would have been included in the patent to them, 
since they possessed a personal influence which Bagnall 
did not enjoy. This is evident from their patent, which 
I' discloses a design to nullify, so far as possible^ nearly 

every advantage granted to Bagnall ; indeed, his patent, 
had he lived to receive it, would have proved almost val- 
ueless to him, for, by what was doubtless a well-arranged 
piece of finesse, the Trelawny patent preceded his in 
date one day, and practically covered Richmond's Island, 
as well as the adjoining main land, although the Bagnall 
patent a])parent]y conveyed to the grantee the Island 
and fifteen hundred acres of the adjoining main.^' True, 
Bagnall was granted the fee of Richmond's Island, but 
so encumbered as to be almost worthless, since the right 

to 

"1*. \'\ih' Trelawny Papers, p. 1. take. His title was under Rigby's 

SuiHvan gravely says that " Some \ patent, which was orisii>ally granted 

ix-ojile havf supposed that Trclawney ; to l)y and others." These are almost 

l«ad a i^atent fn)m the Council of riy- inexcusable errors. T'/Jc Sullivan's 

inouih, but this I believe to be a mis- I Maine, p. 195. 



r ^'.lii 






40 GEORGE CLEEVE AND HIS TIMES. 

to fowl, fish and erect stages and wharves for the prose- 
cution of business had already been G^ranted to another. 
This rlsrht was without limit and could have been made 
to absorb every privilege of value which the Island pos- 
sessed, while all the main land opposite to it, east and 
west, where he undoubtedly expected to have his ad- 
ditional, fifteen hundred acres, had also been granted to 
others. Had Bagnall lived, the grant to Trelawny would 
have proved a fruitful source of trouble, in which the 
weaker party would have been forced to the wall. As it 
was, Trelawny held the island under his grant of privi- 
leges, and never sought to fortify it by any subsequent 
instrument. 

1632. The spring of 1632 opened upon the lonely 
settlers on the Spurwink, who, it would seem, main- 
tained peaceful relations with the red men about them, 
and preparations were being made for planting, by 
enclosing crround near their habitation, when, on the 
I 7th of April, they saw the sails of a ship bearing in 
from the open sea, and soon had the joy of seeing her 
come to anchor near the island. It was surely a wel- 
come sight to behold a ship from home, bearing at her 
masthead the glorious flag of old England, and they 
doubtless hastened to greet the new comers. But 
their happiness was short-lived, for they soon learned 

that 



! ■> 



GEORGE CLEEVE AND HIS TIMES. 41 

that the chief of the party was 

S^f/i^ /Vyjy/h-/^^ — • -^^^^^ Winter, probably an old 
^ acquaintance of Cleeve, and 

that he came over as " Governor'' of Trelawny's planta- 
tion, which included the territory then in their possession. 
The date of Trelawny's patent was December ist, and of 
Cammock's November ist, 1631. On the same day that 
Cammock's patent was granted, one for " 1500 acres of 
land to be allotted above the hedd of the Pashippscot " 
was granted to Richard Bradshaw. Whether this patent 
was for land selected on the Pejepscot by Bradshaw after 
the sale of his riG:ht to Cleeve and Tucker, or whether 
it was intended to secure the title to that right to them, 
we may never know. Possibly the word " Pashippscot " 
was erroneously substituted for the Spurwink, as Sag- 
adahock,^^ the name at that time of the Kennebec, was 
for the Saco. If so, it was a fatal error to the title of 
Cleeve and 7\ickcr. We may well imagine tlie bitter 
disa])pointment wliich possessed them when they learned 
from Winter that Trelawny possessed a valid patent 
from the Council, of the entire shore of Cape Elizabeth 
east of the Spurwink. Winter was a harsh and over- 
bearing man and probably did not essay to mitigate 
tlieir disappointment, regarding tliem as interlopers who 

must 

^>. Vhlt Sullivan's Maine, p. 113. 



"i >]ll 



42 GEORGE CLEEVE AND HIS TIMES. 

must either serve his powerful master or be driven out ; 
indeed, he afterwards, in adverting to his forbearance 
towards Cleeve on this occasion naively says, that he 
told him that he might become a tenant to Trelawny 
somewhere else, after warning him from the place where 
he had built and planted,^"* To this proposal, which we 
may properly imagine to have been made wath the 
offensive manner so natural to one acting subordinately 
to a powerful employer, Cleeve, who had seen enough 
of the oppression of the tenancy system in Old Eng- 
land, with that manly spirit of independence which less 
than a century and a half later transformecT a province 
into a nation, replied that " He would be tenant to never 
a man in Neiu Eno;landr '' 

Five days after the arrival of Winter, Cammock, who 
had sailed before Winter, reached Richmond's Island 
after a long and stormy })assagc. From him Cleeve and 
Tucker could, of course, obtain no comfort, and their 
position must have been unpleasant in the extreme. 
Winter at once took steps to eject them from their new 
home and applied to Captain Walter Neale for his offi- 
cial aid.^*^ This was promptly granted, and Cleeve and 
Tucker were served with a formal notice to quit. But 
Cleeve was not a man to regard mere paper notices, and 

W^inter 

54. Vide Trelawny rapcrs, p. 117. ! oG. Vide Trelawny Papers, p. 230. 

55. Vidr Ibid, p. 2G5. ' 



GEORGE CLEEVE AND HIS TIMES. 43 



Winter was not in a position to employ force, as he had 
come here only to make arrangements for a future set- 
tlement and was to return immediately to England for 
men and materials necessary to carry on the enterprise. 
Needing men to leave in possession of the island, he 
ensfa^ed three men, whom he found " in the house at 
Casko'' namely, John Badiver and Thomas and Andrew 
Alger," who it seems probable were some of the men 
left there by Levett, presuming that " the house at Casko' 
was the one erected there by him in 1623-4. Leaving 
these men at the Island, Winter set sail for Plymouth 
in the month of July, leaving Cleeve and Tuclier to 
harvest the crop which they had planted that year. 
They well knew, however, that he would return again 
ere long, unless prevented by the elements, when they 
would be obliged to depart or to become his tenants, 
the latter alternative being one not to be entertained, 
and they began casting about for a new place where 

they 



57. Thomas Alger came from the 
little town of Newton Ferrers in Dev- 
onshire, while Andrew, we are told, 
came from X)anster, in the County of 
Somerset. It is quite likely that they 
were relatives, but how nearly they 
were related we do not know. Thomas 
rt'lurncd to England, bat soon came 
back to this country and settled at 
Taunton, Massachusetts. Andrew, 
after a term of service with Winter, 



removed to Saco, where he resided 
for a while, but about lG5i settled 
with a brother (Arthur) upon a tract 
of land purchased of the Indians in 
1G51, lying west of the Trelawny 
grant, which they named after their 
English home, Dunsier, now known 
as Dunstan. Andrew was killed, 
with his brother, bj' the Indians in 
1G75. 



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44 GEORGE CLEEVE AND HIS TIMES. 

they could erect another home. A neck of land in Casco 
Bay, several miles northerly from th^lc present habitation, 

promised favorably, and wh^n John Winter re- 
1633. turned on March 2d, i633,4hey were ready to 

strike out again for a new; §pot of earth from 
which they might wring a meagre support, and borrowing 
a boat to aid them in transporting the family of Cleeve 
and their scanty household goods, they departed, leaving 
Winter in sole possession of Richmond s Island, and 
their dwelling place on the Cape Elizabeth shore. But 
his position was far from being S60ure. Not only had 
ships from Barnstable, England, been at the island dur- 
ing his absence, and, regardless of his employers' pro- 
prietar}' rights and the protests of those left in charge, 
taken possession of the fishing stages he had built, but 
threats from one who had been pillaging settlers farther 
east reached his ears.^"^ For the protection of the people 
and property in his charge, he at once set about the 
task of putting the island in a proper state of defence, and, 
ere long, he could defy attack frora/any ordinary enemy. 

58. Dixy Bull, a former patentee of River," Who had turned pirate. Vide 

land on the "Aquameutiquos (York) I Trelawny Papers, p. 23, note 1. 



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|j RIVEN from their home near the Spurwink, 
Cleeve with his wife Joan, daughter Elizabeth 
and servant Oliver Weeks, together with his 
partner Tucker, pushed eastward, and passing around 
the point of Cape Elizabeth directed his course toward 
a neck of land in Casco Bay then known by the Indian 
name of Machegonne}'^ At the extremity of this neck, 
reaching out into the bay, was a rounded hill clothed 
with a forest of great trees down to the pebbly beach at 
its foot. Towards the west arose another thickly-wooded 
eminence, and between lay a valley with a babbling brook 
pouring its sparkling waters into the sea. 

Here they moored their boats, and, landing, selected a 
place for their future home near the shore and not far 
from the mouth of the brook. The site chosen was an 

admirable 



59, Ballard makes the meaning of 
ihis wonl had cUvj, while IJliss makes 
It 'jrcat elboic. Dr. O'lJrien, however, 
tliffers wiih both of these authorities, 
and says that it signifies a bad or 
worthless camp, and was so named 
7 



because there was a ruined camp on 
the Neck, or that for some reason it 
was a bad camping place. For a 
fuller consideration of the matter, 
vide Trelawny Papers, p. 22b, note 1. 






46 GEORGE CLEEVE AND HIS TIMES. 

admirable one. Here was a bold peninsula reaching 
out into the Atlantic, as though inviting the commerce 
of the world, well wooded and watered, and with a soil 
fairly capable of yielding fruitage to one who would / 
bestow upon it the needful care. Between this peninsula 
and the opposite shores of Cape Elizabeth was a harbor 
which could float the king's navy; shut in from the . 
devastating storms which at times swept the dark and 
treacherous sea without. Our failures, says Tallyrand, 
are stepping stones to success, and Cleeve's settlement 
at MachcgoiDie well illustrates the mot of the philosophic 
statesman, for his failure to establish himself near the 
Spurwink, through the rivalry of Winter, led to his 
establishment here and subsequent control of the entire : 
neck and neighboring islands, a situation for settlement 
unequaled for beauty and utiUty. 

Cleeve and Tucker took hold of their work vigorously 
and were soon settled in their new home, which, pro- 
tected from the northerlv winds bv thick woods in the 
rear, with a garden and corn field about it, looked out 
upon the harbor and the shores of the Cape beyond. 
Settled in his new home, but with no valid title to it, 
Cleeve must have had manv anxious thouofhts. In 
common with other subjects of the English crown 
who had looked across the Atlantic for a future home, 

he 



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GEORGE CLEEVE AND HIS TIMES. 47 

he was familiar with a proclamation which, in order to 
promote the colonization and evangelization of the 
New World, King James had issued, giving to every 
subject of the realm who should transport himself 
at his own expense to America, one hundred and fifty 
acres of land, and the same quantity for every person 
whom he should transport thither in like manner.'^° But 
this proclamation could hardly have been regarded by 
him as a protection against the claims of others holding 
grants from the Council, to whom the entire territory 
had been conveyed by royal charter. This proclama- 
tion doubtless had a blndlns: force at the time It was 
issued, and for some time after, and would have entitled 
a claimant who had fulfilled its conditions to a grant in 
accordance therewith, for we are told that royal procla- 
mations had all the force of parliamentary laws ; indeed, 
we know that in practice pliant judges sometimes paid 
more heed to a proclamation than a statute f' but at 
this time, the day of royal prerogative was drawing to a 
close and fast losing the splendors with which It had so 
long dazzled men's eyes, a fact which, though not realized 
generally, had Its Influence upon the minds of all, hence 
Cleeve could not have placed much reliance upon the 
proclamation of a dead king, although If he knew of 

Coke's 






60. Vide Early Records of Maine, 
Vol. I, p. 75. 



61. Vide Hume's England, (Lon- 
don, 1803), Vol. VI, p. 419. 



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48 GEORGE CLEEVE AND HIS TIMES. 

Coke's then popular maxim, that the king never dies, 
he must have felt that, technicallv, it was as much in 
force as when it came fresh from the king's pen. It 
would seem that besides this, he had secured the old 
grant made to Christopher Levett, in 1623, through "one 
Wright " ^^ which antedated all other conveyances, and 
which he held defensively if not offensively against 
Winter. But look at it as he might, he must have felt 
that he and those dependent upon him for support were 
liable to be driven forth at any time. The life of this 
lonely family must have been one of many privations, 
especially during the long and severe winter months. 
Their time, however, was fully occupied in pro- 
1634. viding for their daily wants, in settling the sur- 
roundings of their new home and in hunting and 
trade. Furs received from the Indians or the reward of 
their own skill in hunting and trapping, were taken to 
the Bay by one of the partners, who journeyed the long 
distance in a boat.*^"^ Here, although the settlement 
t i , , ^^ founded by Winthrop was 



U ' ^^ 




lust emersfinc: from the 
wilderness, was already a 
center of trade to which 
adventurers flocked from every quarter. In the 

summer 

62. KitZe Trelawny Papers, p. 102. i tions, Vol. I, p. G4, note 1. All the 

63. Kt(ie Maine Historical Collec- | while Winter Wiis enjoying the pos- 



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GEORGE CLEEVE AND HIS TIMES. 49 



1635. summer of 1635, Winter, leaving the charge of 
affairs at Richmond's Island with Edward Tre- 
lawny and Narias Hawkins, departed for England.^*^ He 
had quarreled with Cammock, respecting the dividing 
line between the Trelawny and Cammock patents. 
This line was the river Spurwink, which was plainly 
stated to be the western boundary of Trelawny's and the 
eastern boundary of Cammock's patent f'^ yet Winter, 
without the shadow of a right, had crossed the Spur- 
wink and seized upon certain grass lands which he 
coveted lying in the bends of the river and belonging 
to Cammock, claiming that the latter's line should 
not follow the sinuosities of the stream, but run due 
north on a straio:ht line from the river's mouth. This 
unwarranted claim was persevered in, and the troubles 
growing out of it forced upon Sir Ferdinando Gorges' 

attention, 



session of their house on the Spur- 
wink, and complacently wrote home 
to his principal June 18th, as fol- 
lows : 

"At the maine we haue built no 
house, but our men Hues in the house 
that the old Cleues built, but that we 
haue fitted him som what better, and 
we haue built a house for our pigs. 
We haue paled into the maine a 
pece of ground Close to the house for 
to set Corne in, about 4 or 5 akers as 
neare as we Can Judge, with pales of 
fote heigh, except the pales that the 



old Cleues did sett vp, which is but 4 
foote & ja ; he had paled of yt about 
an aker &. ^^ before we Came their, 
& now yt is all sett with Corne and 
pumkins." 

64. Vide Trelawny Papers, p. 56. 
He went home in the Speedwell, the 
unfortunate vessel which caused the 
Pilgrim fathers so much trouble, and 
which, having been subsequently re- 
paired, was chartered by Robert Tre- 
lawny for a voyage to New England. 

65. Vide Trelawny Papers, p. 63. 



T ^IH 



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(' V :i 



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so GEORGE CLEEVE AND HIS TIMES. 

attention, who having no personal knowledge of locali- 
ties, would, it was doubtless believed, be likely to settle 
the matter by a further grant of land ; indeed, this claim 
was simply a sinapism to be applied to the old Knight's 
generous nature, and proved successful, for Sir Ferdi- 
nando, to pacify the aggressors, who claimed that they 
were deprived of th^'ir proper rights by Cammock, who 
had essayed to protect his property from unjust seizure 
and occupation, gave orders to his nephew, William 
Gorges, his Deputy Governor of New Somersetshire, 
to enlarge Trelawny's patent " towards the River of 
Casco some two thousand acres more and cause a per- 
fect plott thereof to bee made that soe I may passe vnto 
him such further Graunt thereof as shall serv to his 
liking." This order was dated the eleventh of August, 
1636,^^ and was probably one of the results of Winter's 
visit to England, although Winter himself had left the 
country some time before this date and was then at Rich- 
mond's Island, which place he reached on the twenty- 
fourth of the preceding May. The visit of Winter to 
England, and his return with rumors of the enlarge- 
ment of Trelawny's patent, must have increased the 
anxiety of Cleeve, for he knew his old enemy to be a 
man of energy and perseverance, jealous of rivalry in 

trade, 

6(5. Vide Trelawny Papers, p. 98. 



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GEORGE CLEEVE AND HIS TIMES. 51 

trade, and how far this enlargement of the Trelawny 
patent might affect him he could not know. He was also 
in danger from another quarter. Owing to renewed 
activity in the persecution of non-conformists, which 
Archbishop Laud^^ was prosecuting w^ith terrible energy, 
great numbers of the subjects of Charles, largely of the 
better class, were fleeing from England and seeking 
refuge from oppression in New England ; indeed, as 
Gorges expressed it, they were coming " in heaps," and 
available territory was being rapidly taken up by them. 
If he did not possess a legal title to the territory where 
he had planted, he was in danger of soon being Crowded 
out by these emigrants ; while if he possessed such 
a title, it might prove an important source of wealth 
to him. Hence he determined to cross the ocean and 
claim the fulfillment of the promise made him by Gorges 
some years before. This was no small undertaking, 
even for a man of means and leisure, neither of which 

George Cleeve possessed. Up to the year 1636 
1636 no court had been established on the soil of 

Maine. Captain William Gorges, how^ever, had 
been sent out by his uncle. Sir Ferdinando Gorges, as 

Governor 

67. William Laud, Archbishop of I he aroused the popular fury which 
Canterbury, was one of the most not- ' swept him to destruction. He was 



able mini.sters of Charles the First. 
In his tyrannical attempts to compel 
conformity to the Anglican ritual, 



beheaded January the 10th, 1G45, leav- 
ing the See of Canterbury vacant for a 
period of sixteen years. 






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52 GEORGE CLEEVE AND HIS TIMES. 



Governor of his province of New Somersetshire, which 
comprised the territory lying between the rivers Piscata- 
qua and Kennebec, and extending into the main land to 
the great lakes and the St. Lawrence River, then known 
as the River of Canada, including the islands along the 
seaboard/^ The new Governor, upon his arrival, found 
affairs in disorder. Disputes with respect to property 
and differences between the people existed, which could 
only be adjusted by a proper legal tribunal, and one of 
his first cares was to set up a court at Saco, then the 
most flourishing town in the province. This court, 
which convened the twenty-first of March, 1636, was 
called the Court of Commissioners^^ and was composed 
of the Governor, Captain Richard Bonython, of Saco ; ^"^ 
Captain Thomas Cammock and Henry Josselyn, of 
Black Point ; Thomas Purchas,^' of Pejepscot ;^' Edward 

Godfrey, 



68. Vhle "Williamson's Uistory of 
Maine, Vol. I. p. 2-30. 

60. Vi^le Early TJecords of Maine, 
Tol. I, p. 1. 

70. This town takes its name from 
ShoxcnJiotoc or Scncocotuck, the In- 
dian name of the place, which is said 
to signify the Burnt-pine-place. ( Vide 
Language of the Abenaquies, Maine 
Hist. Coll., Vol. IV, p. 19-2.) It is 
situated on the eastern bank of 
the river of the same name, about 
four miles from its mouth. For a 
more extended account, vide Tre- 
lawny Papers, p. 1G7, note 2. 



71. Thomas Purchas was a man 
of considerable importance in the 
early history of the State. He is 
supposed to have come to this country 
as early as IGJ.G, and lived to the ex- 
treme age of one hundred and one 
years. lie was the founder of the 
town of Brunswick. He is supposed 
to have been a relative of Samuel 
Purchaa, the author of the Pilgrimage, 
perhaps one of the "pore nephews" 
of that noted man. For an extended 
account of him, ride Wheeler's His- 
tory of Brunswick, p. 788. 

72. " That portion of the Andros- 



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GEORGE CLEEVE AND HIS TIMES. 53 



Godfrey/^ of Agamentlcus/'* and Thomas Lewis of Win- 
ter Harbor/5 One of the cases before this court, which 
was held at the house of Captain Richard Bonython, 
was against Cleeve and Tucker for debt ; ^^ Cleeve was 
also fined for rash speech/^ the nature of which, how- 
ever, we are not informed of. At the next session of 
the court in September, the debt had not been paid and 

a warrant 



coggin River extending from Bruns- 
wick Falls to Merrymeeting Bay, and 
the adjacent land upon the South, 
was called Pejepscot. The word was 
originally applied to the water, and 
meant ' crooked, like a diving snake.' " 
Vide Wheeler's Hist, of Brunswick, 
&c., p. 5. 

73. Edward Godfrey came to New 
England in 1629, as agent for Gorges 
and Mason, and built the first house 
at Agamenticus (York). He was a 
man of great activity and zealous 
in prosecuting his projects to a suc- 
cessful issue. He had the entire con- 
fidence of Gorges and held various 
important offices, finally succeeding 
Vines as Governor of that portion of 
the Province of Maine left to him 
after the adjustment of Rigby's claim. 
In 16CG he returned to England, where 
he persistently urged his claims, but 
without result, and in lG(k), we find 
bim an old man in Ludgate prison for 
debt, where he probably died in lOOo. 

74. Vide note 4, p. 255, Trclawny 
Papers. 

8 



75. Winter Harbor was at the 
mouth of the Saco, on its western 
shore, and was so named by Richard 
Vines in commemoration of the win- 
ter of 1016-17, which he passed there. 
Douglass' Hist. North America, Vol. 
I, p. 394, evidently supposing that 
John Winter resided there, makes the 
curious error of deriving its name 
from him. It is now known as Bid- 
deford Pool and is a place of summer 
resort. 

76. "Att a meeting of the Comrs. 
in the house of Capt. Richard Boni- 
thon, in Saco, this 25th Mch., 1606 : 

After debating of the busines by 
the Jurey betwene William Ryall, 
pla., Mr. George Cleves &. Ri : Tucker 
defends., wheras the Jury gave 11:73. 
6d. to ye pla., defaulcation to be maid 
for things omitted 2£ IGs. & lOd. Soe 
done at the plantation, 8£ 8s. 8d. to 
bee pd." 

77. " Mr. Geo. Cleves for rash spech- 
es fined in Court, b£." Vide Early 
Records of Maine, Vol. I, p. 2. 



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54 GEORGE CLEEVE AND HIS TIMES. 



a warrant was granted to seize the property of Cleeve, 
Tucker not being mentioned in the warrant.^^ This 
gives us a glimpse of the financial standing of Cleeve 
at this time ; indeed, we learn from Winter somewhat 
later, that his standing was such that his creditors were 
wholly unable to get their claims satisfied/^^ Poverty 
must, therefore, have been a serious obstacle in every 
path which he attempted to traverse. He, however, 
succeeded in passing to England, where we find him in 

the 



78. " March 28th, 1630. It is this 
present day ordered by the Court in 
the case betwene Will. Ilyall, plantife, 
and Mr. George Cleives, deft, that in 
regard the Jury Lave found eleven £ 
seaven shillings and six pence due to 
Will. Ryall, and that it appeareth that 
there was six weekes dyett and other 
small reconings omitted, wcU doe 
amount to the some of 2 £, 8s. lOd., 
well being deducted yere will remayne 
8£, ISs. 8d. due from Cleives to ye 
said Ryall, vf^^ money woe order 
shalbe paid by Cleives to Ryall 
wthiu lodayes at Mr. Xarias Hawkins 
bouse in Richmond Hand, under pen- 
alty of six £ more for non-payment 
therof. It is further ordered for the 
some of forty live shillings said 
Cleives is to have it out of Peter's 
wages, and to have respite till the 
2otii of 7ber for [payment] soe at pres- 
ent G£. IGs. 8d. 

William Gorges, 
Richard Bonython, 



Tho. Camock, 
Tbo. Purches, 
Hen. Jocelin, 
Edward Godfrey." 
Noted on the margin of the record : 
"A copy given to Mr. Cleeves the 
10th of August. 1041." 

79. Whereas Mr. George Cleives 
hath not paide the some six £ thirteen 
shillings and eight pence, unto Wil- 
liam Ryall according to the order 
above specified. These ar therfore 
to authorize you in his maties name 
to make seasurc and attach any maner 
of goods or chattells then belonging 
to the [said] Cleives for the full sat- 
isfaccon of the debt and penalty above 
specified, and this shalbe yi" warrant. 
Given under oar handes this 7^^ 7^®^ 
1030. 
To the Constable of Saco, These. 
Rich: Vines. Rich: Bonython. 
Tho: Camock. Thomas Lewis. 
Vide Early Records of Maine, Vol. 
I, p. 6. 



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GEORGE CLEEVE AND HIS TIMES. 55 

the latter part of 1636,^° at a period when the public 
mind was much disturbed, and wide-spread discontent 
prevailed, on account of the unwise administration of 
affairs, civil and religious, by King Charles. A brief 
retrospective glance at events which had lately taken 
place will enable us to understand more clearly the situa- 
tion of events at this time. The conflict, which had 
been raging with more or less intensity for a long time 
between the prelatical and non-prelatical parties, and 
which had sent across the Atlantic those two remarkable 
companies from the latter party, one of which settled 
at Plymouth and the other in Massachusetts Bay, had 
gained new force from the energy thrown into it by 
Laud, who, in 1633, was advanced from the office of 
Bishop of London to the Archbishopric of Canterbury.'^' 
This prelate, who, in his narrower sphere as bishop of 
the metropolitan diocese, had put in motion various 
schemes to arrest the further progress of the Reformation, 
in a wider field, displayed new energies. Determined 
to uproot what he regarded as heretical at home, and to 
prevent acquisitions by the anti-Episcopal colonies in 
New England of heretical emigrants, a vigorous sur- 
veillance was kept upon departing vessels, and such men 
as Cromwell, Hampden and others, who later became 

leading 



8D. Vide poste.i, Collateral Docu- 
meuLs, No. I. 



81. Vide Xeal's History of the 
Puritans, Vol. II, p. 26. 



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56 GEORGE CLEEVE AND HIS TIMES. 



leading spirits in the great rebellion, were prevented 
from leaving the country, as though Providence had 
reserved them, against their own volitions, to become the 
cruel instruments by which the people might be emanci- 
pated from a more cruel thraldom."' 

To the prelatical party Thomas Morton^^ belonged, 

and 



82. Dr. 25eal says— History of the 
Puritans, Vol. II, p. 342: "I pass 
over the lives of many other divines 
and substantial gentlemen, who de- 
serted their native country, for the 
peace of their consciences ; but it de- 
serves a particular notice that there 
were eight sail of ships at once 
this spring in the river of Thames, 
bound for New England, and filled 
with Puritan families, among whom 
(if we may believe Dr. Gconje Bates, 
and Mr. Dugdale, two famous royal- 
ists,) were Oliver Cromwell, after- 
wards protector of the commonwealth 
of England, John Hampden, Esq., 
and Mr. Arthur IIa.^clri'j<jc, who, see- 
ing no end of the oppression of their 
native country, determined to spend 
the remainder of their days in Am- 
erica; but the council being informed 
of their design, issued out an order, 
dated May 1, lOOa, to make stay of 
those ships and to put on s^hore all the 
provisions Intended for the voyage. 
And to prevent ihe like for the future, 
his majesty prohibited all masters 
and owners of ships, to set forth any 
ships for New England with pas- 



sengers, without special licence from 
the privy council ; and gives this re- 
markable reason for it ; * Because 
the people of New England were fac- 
tious and unworthy of any support 
from hence, in regard of the great dis- 
orders and want' of government 
among them, whereby many that have 
been well affected to the church of 
England have been prejudiced in their 
estates by them.' " This statement 
has received the support of Hume, 
Chalmers, Belknap and other emi- 
nent historians; but Bancroft, with 
nothing to support his view but faith 
in an ideal Hampden and the fact 
that the ship was finally allowed to 
depart and reached here without the 
two great Puritan leaders, arbitrarily 
disposes of it as a fiction, as he has dis- 
posed of the Norse voyages to this 
coast. Vide Hist, of the United 
States, Vol. I, p. 411, et seq. 

83. For an account of Thomas 
Morton reference may be had to his 
memoir in " The New English Ca- 
naan," Prince Society's edition, Bos- 
ton, A. D. 1883. 



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GEORGE CLEEVE AND HIS TIMES. 57 

and he had been for some years actively plotting 
against the Massachusetts authorities, who had com- 
pelled him to leave New England. He had been in 
favor with Gorges, but his influence had waned on 
account of his want of principle. He, however, main- 
tained a show of importance, and claimed to have 
the ear of authority ; hence it was but natural that 
Cleeve, who had known Morton by reputation when 
the latter was in New England, and had, indeed, probably 
made his acquaintance when he was at Richmond's 
Island, should avail himself of such aid as Morton could 
give him. This Cleeve did, employing Morton whil'e he 
was in London, as his attorney or " agent," as Gorges 
entitles him.^-* It should be remembered that Thomas 
Morton, Esquire, in London, a member of the royal 
party, was a very different individual from Tom Morton, 
the godless debauchee in Puritan Boston, and though 
Cleeve may have known his character, such knowledge 
affords no more ground of reproach against him for em- 
ploying the talents which Morton evidently possessed, 
in speeding his plans to a successful issue, than against 
Sir Ferdinando Gorges and other honorable men who 
had employed them for a like purpose. We may also 
well imagine that a man like Morton would not be likely 

to place 

84. Fi(Ze postea, Collateral Docuruents, No. IV. 



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58 GEORGE CLEEVE AND HIS TIMES. 

to place the importance of the influence which he might 
possess, in a weak light ; indeed, Gorges himself charita- 
bly calls Winthrop's attention to this point, as though 
he feared that the Puritan governor might unduly blame 
Cleeve for employing the former's most bitter enemy, 
usino: this lansfuao-e : " But a little to excuse him therein, 
for that it might bee he was soe perswaded vppon such 
promises as Moorton his agent assured him, who since 
is wholely casheered from intermedlinge with anie our 
affaires hereafter."^^ By this extract from a letter of 
Gorges to AVinthrop, it appears that at the time when 
Cleeve allowed Morton to aid him in his business with 
the Council, at the head of which was Gorges, Morton 
had authority in some measure from the Council for 
'' intermedlinge " with its affairs, as it was " since " that time 
that it had " casheered " him. That Cleeve did not adopt 
Morton's views, nor act with him in his schemes to injure 
the Massachusetts Colony, we well know. Among the 
many purposes which Laud fostered, was one to break 
the Puritan sway in Massachusetts, and to extend prelatical 
rule over America. It was alreadv established in Virorinia 
and to some extent in Maine, but Massachusetts was 
independent — a living, active, dangerous protest against 
the Episcopacy. To Morton the very name of Massa- 
chusetts 

85. Vide postea, Collateral Documents, No. IV. 



7 



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GEORGE CLEEVE AND HIS TIMES. 59 



chusetts was distasteful, and Winthrop, who was the in- 
carnate spirit of Massachusettsism, and whom he denom- 
inated " King Winthrop " and " Temperwell,"^^ was an 
abomination. Among many plots against Winthrop 
was one while Cleeve w^as in London, set on foot by 
Morton, certainly helped forward by him. Cleeve was 
expected to testify against the Puritan governor, 
and Morton, whom we must believe Cleeve had politicly 
refrained from antagonizing by an expression of his 
views, must have been disappointed at the result, for 
Cleeve spoke so strongly in favor of the accused 
as to elicit from the King the remarkable expres- 
sion that he was sorry that one so worthy as Winthrop 
should be obliged to suffer the hardships of America.^^ 

This 



86. Vide The New English Canaan, 
pp. 63. 3 U 

87. " Being the governourover the 
considerable part of New England," 
John Winthrop " maintained the 
figure and honour of his place with 
the spirit of a true gentleman ; but yet 
with such obliging condescenlion to 
the circumstances of the colony, that 
when a certain troublesome and ma- 
licious calumniator, well known in 
those times, printed his libellous 
nick-names upon the chief persons 
here, the worst nick-name he could 
find for the governor was John Tern- 



per-ioeU; and when the calumnies of 
that ill man caused the Archbishop 
to summon one Mr. Cleaves before 
the King, in hopes to get some accu- 
sation from him against the country, 
Mr. Cleaves gave such an account of 
the governour's laudable carriage in 
all respects, and the serious devotion 
wherewith prayers were both publick- 
ly and privately made for his majesty, 
that the King expressed himself most 
highly pleased therewithal, only sor/*2/ 
that so worthy a person should be no 
better accommodated than with the 
hardships of America." ^father's 
Magnalia, (1636-7) Vol. I, page 120. 



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6o GEORGE CLEEVE AND HIS TIMES. 

This fearless act of Cleeve in testifying before Arch- 
bishop Laud to the Puritan governor's godliness and 
wise o:overnment is indicative of remarkable courao;e 
and an active sense of justice, and offsets, if we had no 
other examples of Cleeve's magnanimity and fairness, 
the few opinions derogatory to his character which were 
entertained by those who were opposed to him religiously 
and politically. The times were ripe for plots and 
schemes. London, indeed all England, was infected 
with a moral miasma, noxious alike to prince and peas- 
ant. The tide of affairs seemed to be setting strongly 
in favor of Charles and Laud, and one standing in Lon- 
don while Cleeve was there, and looking across the 
Atlantic, must have felt that the feeble colony seated on 
the inclement shores of Massachusetts Bay would soon 
have to succumb to royal and ecclesiastical power. 
Gorges had a deep respect for Winthrop, which must 
have been shared by other fair minded and discerning 
men of the prelatical party, and it must have been evi- 
dent to him and them, that such men as Winthrop, 
Endicott and others of like character in the Massachu- 
setts Colonv could not safclv be isrnored in anv c:overn- 
mcnt which might be set up on New England soil ; 
therefore a joint commission for the government of the 
whole of New England was considered. The separate 

governments 



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GEORGE CLEEVE AND HIS TIMES. 6i 




governments were ill organized and weak, hence the ad- 
vantage of a ioint orovernment. Such a plan, to be under 
the Royal Seal, of which we unfortunately have no de- 
tails, was, it would appear 
from a letter of Cradock^^ 
to Winthrop, set on foot, 
and we may properly infer 
that Cleeve had place in it as one of the commissioners.^"^ 
The connection of Morton with this scheme naturally 
throws suspicion upon it, but it is not difficult to discern 
his motive. While he miorht desire to snuff out \Yin- 
throp's light at once, he would be overruled by wiser 
men who were in power, and believing that such a com- 
mission 



88. Matbew Cradock's name long 
stood above Winthrop's as the first 
Governor of the Massachusetts Col- 
ony, having been the Governor of the 
Massachusetts Bay Company before 
the government was transferred to 
New England. Although he had 
large possessions in this country, he 
never came here, but continued to 
reside in London, where he was of 
great service to the Puritan Colony, 
whose interests were ever uppermost 
in his mind. 

89. "We had news of a commission 
granted in England to divers 

July, gentlemen here for the govem- 

16^37. ing of New England, etc.; but 

instead thereof we received a 

9 



commission from Sir Ferdinando 
Gorges to govern his province of New 
Somersetshire, which is from Cape 
Elizabeth to Sagadahoc, and withal 
to oversee his servants and private 
affairs; which was observed as a 
matter of no good discretion, but 
passed in silence. As for the com- 
mission from the king, we received 
only a copy of it, but the commission 
itself stood at the seal for want of 
paying the fees. 

*' The party, who procured the com- 
mission, one George Cleves, brought 
also a protection under the privy 
signet for searching out the great lake 
of Iracoyce, and for the sole trade of 
beaver, and the planting of Long 






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62 GEORGE CLEEVE AND HIS TIMES, 



mission would, at least, hamper his enemy, and tend to 
strangle his influence, he would favor it, being unable 
to secure a more effective plan. Cleeve, on the other 
hand, was figuring for his own advancement, and, though 
friendly to Winthrop, he might properly join in such 
a scheme, as he knew better than those not recently 
from New England could know, the power of the Puritan 
governor and his friends, and might opine that such a 
joint government might redound to the advantage of all 
concerned. This plan, however, never came to fruition, 
probably owing in a large measure to the firm and un- 
compromising attitude of Cradock towards it, and it 
was dropped for another but similar plan on a smaller 
scale. 

This was a joint government for New Somersetshire, 
by Cleeve, Winthrop and others. It was a bold and 
magnificent scheme on the part of George Cleeve, tak- 
ing his poverty and want of influence into account, for 
we must give him the credit of it since it was to redound 

almost 



Island, by articles of agreement 
between the Earl of Sterling, Viscount 
Canada, and him. Thus this and 
other gentlemen in England get large 
circuits of lands, etc., in this country, 
and are very ruady to grant them out 
to such as will become their tenants, 
and, to encourage them, do procure 
commissions, protections, etc., which 



cost them nothing, but will be at no 
charge in any right way of plantation, 
which should be by coming them- 
selves, or sending some of their chil- 
dren, etc. ; but, now, as they adventure 
little, so they are sure to lose nothing 
but their vain hope." Winthrop's 
Journal, Vol. I, p. 27G. 






, ' \:.\ I', , '/ I " ' • i ' . '•',.! 



r ' ■■ I 1 



GEORGE CLEEVE AND HIS TIMES. 63 

almost solely to his benefit, and we can but admire his 
sagacity and skill in securing its adoption by Gorges. 
Indeed, ihere is but one theory which will account for 
Gorges' adoption of the joint government, and this is, 
that he prevailed upon the generous nobleman, who was 
already prepossessed in favor of Winthrop, to adopt his 
own high opinions recently expressed in the Star 
Chamber, of the Puritan governor's wisdom, integrity 
and ability, and of the advantages likely to accrue from 
having such a statesman interested in the affairs of the 
Province, which then possessed but the semblance of 
government. As for Morton, we can find for him no 
place in the scheme, and while we must suppose that he 
was cognizant of it, cannot suppose that he favored it. 
He was, at this time, a broken down adventurer, without 
influence, in fact, in a condition which would be likely to 
brinor him under the domination of a stroncr mind such as 
Cleeve possessed, and to which he would yield for any mo- 
mentary advantage. This plan of Cleeve reveals to us 
that his religious sympathies were with the Puritans, and 
opposed to the Episcopal regime existing In Maine under 
the fostering care of Godfrey, Vines, Josselyn and others. 
He was an Independent, religiously, and an antagonism 
naturally existed between him and the Episcopal party in 
Maine, for he was a man who uttered his views boldly, 

and 



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64 GEORGE CLEEVE AND HIS TIMES. 

and in his advocacy of freedom, without doubt often 
trenched upon the borders of license ; hence it was 
natural that those who believed that it was hardly less 
than treasonable to speak against the established order, 
should regard this bold man, given to rash speeches, as 
a fire brand of dissension. This antasfonism had its 
effect in bringing to Winter's support, Vines, Godfrey 
and others possessing similar religious affiliations. With 
these Cleeve had an especial quarrel, and for the aid 
which they had rendered Winter, and perhaps for other 
causes of which no record exists, he brought a complaint 
before the Star Chamber, against Vines, Godfrey, Pur- 
chas and Winter, and procured a writ therefrom to. com- 
pel them to appear there and answer to his charges.'^'' 
This was a bold procedure, and one which we can hardly 
reconcile with the fact that these men were friends and 
protegees of Gorges, unless we regard it as a final act 
before leaving England, and after he had procured his 
patent and commission from Gorges. It was assuredly 
an impolitic act, as it was sure to create prematurely a 
strong opposition to him from these men and their many 
supporters in Maine, and to receive the condemnation 
of Gorges, but it reveals to us what was in Cleeve's 
mind. Realizing the weakness of Gorges on the one part, 

and 

90. FuZe posiea, Collateral Documents, No. VII. 



^]ii ny:/, ., 



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GEORGE CLEEVE AND HIS TIMES. 65 

and the inherent strensfth of the Massachusetts sfovern- 
ment on the other, both of which later were plainly 
to be seen of all men, he was counting upon an alliance 
w^h Winthrop and other ruling spirits in the Puritan 
commonwealth, which would enable him to maintain his 
position without let from the Episcopal party in Maine. 
Without such expectation this act would have been 
unwise in the extreme, and we are inclined to believe 
that Cleeve was too shrewd a man to invite the hostility 
of those in authority on the soil of Maine, without the 
prospect of an adequate compensation. Whether Morton 
acted in this matter as his attorney we know not. 
Possibly he did ; nay, probably, and the subsequent 
knowledge of this act may have been a potent cause 
why he was " casheered " by Gorges. Certainly Cleeve's 
activity while in England met with extraordinary reward. 
He not only succeeded in obtaining a grant of Machi- 
gonne,^' the neck of land where he had planted, and 
where his family were anxiously awaiting his return, as 
well as the joint commission with Winthrop and others 
for governing the Province of New Somersetshire and 
the overseeing of the servants and private affairs of 
Gorges, already mentioned, but he so far ingratiated 
himself with that noble poet and generous promoter of 

American 

91. Vide postea, Collateral Documents, No. II. 



.( 



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66 GEORGE CLEEVE AND HIS TIMES. 



American colonization, Sir William Alexander, as to 
procure from him articles of agreement for the planting 
of Long Island, and, probably through Morton's sugges- 
tions and by his knowledge of methods, he secured a pro- 
tection under the Privy seal for exploring Lake Champ- 
lain, and a monopoly of the trade in beaver in the 
territory to be explored, the wealth of w^hich, as a fur 
station, had been extravagantly extolled.^^ For this 
remarkable success of George Cleeve in impressing Sir 
Ferdinando Gorges and the Earl of Sterling''^ sufficiently 
to obtain from them such important concessions, we 
can account only by allowing him the possession of an 
excellent address and a commanding ability. 

With the important documents which we have enum- 
erated in his possession, Cleeve in the closing 
1637. days of March, 1637, as we infer from a letter 

which 



92. " Westwards from the Massa- 
chusetts bay, (which lyeth in 42 De- 
grees and CO Minutes of Northerne 
latitude) is scituaied a very spacious 
Lake, (called of the Natives the Lake 
of Erocoise) which is farre more ex- 
cellent then the Lake of Genezereth, 
in the Country of Palestine, both in 
respect of the great nes and properties 
thereof, and likewise of the manifold 
commodities it yeaUleth * * * * 
from whence Captaine Kerke of late, 



by taking that plantation, brought 
home in one shipp (as a seaman of 
his Company reported in my hearing) 
25,000 Beaver Skinnes." Vide The 
New English Canaan, pp. 234-240 and 
antea, note 89. 

93. An interesting memoir of this 
nobleman, by the Rev. " Edmund F. 
Slafter, may be found in Sir William 
Alexander and American Coloniza- 
tion." Prince Society, a. d. 1873. 






( I 



GEORGE CLEEVE AND HIS TIMES, (y-j 

which he bore to Winthrop,^^ set sail from Bristol 
for his home in the wilds of New England. He had no 
more than sailed, when Gorges, in a letter dated the 
30th of March, informed Trelawny of the charges 
made by Cleeve against Winter.^^ Trelawny was greatly 
disturbed by this letter and made a passionate reply, 
justifying his agent's action toward Cleeve by asserting 
that the latter knew before the Council granted the 
patent of December ist, 1631, to himself and Goodyear, 
that such a grant was to be made, and that he might 
have settled somewhere else than within the limits of 
the territory to be granted them. He, moreover, made 
grave charges against Cleeve, which find no warrant 
even in the letters of Winter, accusing him of doing his 
"people diuers wrongs, destroying of my hoggs, molest- 
ing my plantation & people, terrifying the Indians, saying 
if they Came neare any of my people they would hange 
them." He also insinuated that Cleeve had even spoken 
contemptuous words of the good knight himself, and 
desired that if he had not left the kingdom, that he 
should be made to yield up the lands where he was then 
seated on the Neck, which he claimed to be within the 
limits of the Trelawny patent. This letter shows that 
Trelawny was alarmed, and that he had not learned of 

the 



94. Vide postea, Collateral Docu- 
ments, No. III. 



95. Vide postea, Collateral Docu- 
ments, No. IV. 



?■] . cr 



68 GEORGE CLEEVE AND HIS TIMES. 

the patent to Machegonne which had already passed to 
Cleeve, but, perhaps, fearing that his rival might procure 
such a grant, thought best to bring this forcible indict- 
ment against him in order to frustrate his plans, if possi- 
ble. He was, however, too late, for Cleeve, with his Patent 
m his possession, was speeding towards his home In 
Casco Bay. The work, however, of prejudicing Sir 
Ferdinando Gorges against him had already begun. 




IT 



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EORGE CLEEVE reached home in the latter 
part of May or beginning of June, 1637. On 
the 8th of June, he took formal possession 
of I\Iache2:onne bv turf and twio* from Arthur ]\Iack- 
worth, who was authorized to deliver possession te him. 
The delivery was witnessed by Thomas Lewis, John 
Bickford"'^ and George Frost.'^^ Probably his wife and 
daus^hter Elizabeth, Michael Mitton. who had accom- 
panied him from England, Tucker and others friendly 
to him were present and helped to make the occasion 
a joyful one. It was a proud day for Cleeve, who, of 
late, was a poor squatter, pursued for debt, and looked 



96. John Bickford was not a resi- 
dent of Casco Bay, but was probably 
a fisherman or trader, who with Lewis 
and Frost liappened to be in the vi- 
cinity at the time. He lived at Oyster 
Kiver, New Hampshire, and had fish- 
ing interests at the Isles of Shoals. 
Vide Trelawny Papor.s, p. ?j29, note 2. 
Provincial Papers of New Hampshire, 
Vol. I, pp. 213, ."00. ai8, 5GI. 
10 



upon 

97. George Frost resided at Win- 
ter Harbor, where he appears as early 
as 10;]o. He was one of the grand 
jury in the case against Winter for 
extortion in UVIO : but few memorials 
remain respecting him. Vide Tre- 
lawny Papers, p. 214. Early Kecords 
of Maine, Vol. I, pp. 51-GO, 85, 9-3, 
110. 



70 GEORGE CLEEVE AND HIS TIMES. 

• 

upon contemptuously by Winter and his friends, for he 
now stood upon his own soil, the possessor of important 
privileges which would compel respect. The news of 
his prosperity spread quickly, and Winter at Richmond's 
Island soon heard of it, we must believe, with no pleas- 
ant feelings.'^"^ Cleeve, however, was master of the posi- 
tion, and we have no reason to suppose that he indulged 
in sentiments of sympathy on account of the discom- 
fiture of his rival. Getting his more pressing affairs 
adjusted at home, he departed for Massachusetts Bay to 
see Governor Winthrop, whom he expected to interest 
in his joint government scheme, which would virtually 
orive him the control of affairs in the Province of, New 
Somersetshire. He was in Boston early in July, waiting 
upon Winthrop, to whom he presented the commission 
from Sir Ferdinando Gorges, which he had brought out 
of England ; but, to his disappointment, the wise and 
politic Puritan governor was not disposed to receive 
commissions from a pillar of the prelatical party, or to 
recognize his authority in any manner; so, he called 
Cleeve's attention to technical errors in the commission 
-—one of the commissioners named havin2: orone to Con- 
necticut, and the name of another being " mistaken." 
Doubtless Cleeve warmly urged Winthrop to favorably 
consider his plan ; but Winthrop was not to be swerved 

from 

98. Fi<.?e Trelawny Papers, p. 110, ei 867. 



r 1 



t ■ 






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GEORGE CLEEVE AND HIS TIMES. 71 



from his decision, and "excused" himself from acting. 
He was, however, favorably disposed towards Cleeve, 
seeing in him. possibly, a future ally in the eastern 
Province, and being aware of the service the lattei' had 
rendered him before the Star Chamber. The motives 
of a man of consistent character like Winthrop can be 
more readilv traced than those of one who had less 
definite principles of action. It may be truly said of him, 
that his life was the expression of law — hence we may 
seek, with some confidence in the result, for the motives 
which governed any particular action of his. In this 
case, he was but carrying out a purpose formed before 
he left England, which was to recognize no authority 
outside of the charter which he held and guarded with 
jealous care. He had pondered, before undertaking the 
colonization of Massachusetts Bay, the ample powers 
conferred upon Cradock and his associates by their 
charter, and realized the importance of bearing it to New 
England that he might exhibit, whenever occasion 
required, the authority under which he acted. Under 
his leadership not only the charter of the company, but 
the company itself, was virtually transported across the 
ocean and rooted in New Enij^land soil."^'^ 

Those members who remained In Ensfland thus lost 

all 



UO. Vide Young's Chronicles of 
Mas.sachusetls, p. bO. Life and Let- 



ters of Winthrop, p. 314. 



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72 GEORGE CLEEVE AND HIS TIMES. 

all vital connection with the living body on this side of 
the Atlantic. We know how he interpreted the powers 
conferred by the charter which he held ; that he assumed 
them to be sovereign, and beyond nullification by the 
crown. '°'' Every act was squared by this assumption, 
and he moved with extreme caution, avoiding every ap- 
pearance of acknowledging any authority outside of his 
charter. To have accepted a joint governorship of New 
England would have been fatal to this assumption, and 
even the acceptance of a joint commission from Gorges 
to govern the adjacent province would have placed him 
under obligation to that nobleman, and have subjected 
him in some measure to his authority. With an eye 
sino-le to the welfare and aGforrandizement of Massachu- 
setts, this was not to be considered for a moment, and 
any arguments which Cleeve might use would be wholly 
wasted upon him. Besides, lying beyond these consid- 
erations, which were suffcient in themselves, was another 
relatinsf to his eastern boundarv, which was not yet set- 
tied, and which, for aught any body might know to the 
contrary, might be found to lie as far east as Casco Bay. 
Failinif in his mission to Boston, Cleeve returned home. 
In the meantime, Winter, Vines and others of the pre- 
latical party in Maine, alarmed at the powers conferred 
upon one who in their eyes was untrustworthy, a dis- 
senter 

100. Vide Wiiuhrop's Journal, Vol. H. pp. :3iO-345. 



T -U] 



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GEORGE CLEEVE AND HIS TIMES. J2> 

senter from the established order who would work only 
mischief in the Province, began to act. Winter at once 
wrote to Trelawny on the subject/"' and in his letter, 
penned while Cleeve was in Boston, makes the startling 
claim which it is evident had been discussed between 
him and Trelawny when he was in England, that the 
Neck which Cleeve had just taken possession of, was 
within the limits of Trelawny's "old " patent, the northern 
limit of which coincided with the northern limit of Cam- 
mock's patent of Black Point, or one mile up the River 
Spurwink/°" Winter denominates the original patent 
to Trelawny and Goodyear the old patent, to distinguish 
it from the subsequent grant of two thousand acres to be 
laid out " towards the river of Casco,"'''^ which has been 
already mentioned as the result of the unjust tres- 
pass upon Cammock's rights. The wording of the 
Deed of Possession " to the River of Casco,""""* plainly 
shows that the first could not have reached to that river, 
and yet Winter, in his letter of July Sth, to Trelawn3% 
says that he "conceives" that Cleeve had built within 
the bounds of the old patent, although he was at least 
seven miles north of the mouth of the Spurwink, and 
beyond the northern limit of the second grant, which 
was ordered to be laid out north of the first grant. A 

document, 



101. Vide Trelawny Papers, p. 1 10. 

102. Ihiil p. 20. 



10;]. Ibhl p. 09. 
104. Ihid, p. 105. 



;■-'; Ij< > // ( , r] // 






74 GEORGE CLEEVE AND HIS TIMES. 

document, however, has recently come to light, after a 
concealment of two and a half centuries, which reveals 
to us the fact that Winter knew, in making this claim, 
that it was not founded in right. Two years before, he 
had accurately noted down a survey of the " old " patent 
and sent the description home to Trelawny.'"^ The 
points of the compass, bar in the river Spurwink, and 
adjacent islands, were carefully described, together with 
the turns in the river. In this description he says : " The 
River Spurwinke, after you are ^^ a myle w^^'in the bar, 
doth ly up N. E. by E. & Cut over to a great Cove that 
lyeth into the northward of Cape Elizabeth Sc Casko & ' 
is distant from the head of the River over to that Cove 
neare a mile. There is a Crike after you ar a myle 
& H w^^^in the bar of the River Spurwinke, that lyeth 
away nearest N. \V. & by N. that a little boote may go 
into yt at high water ^^ of a myle, &: doth Com neare 
ab^ute a mvle to the first arme of the bay of Casko that 
lyeth away to the westward & that arme of the bay of 
Casko dotli ly away \V. S. W. 8c as neare as I Can Judge 
Mr. Robert Trelawynes patten will Reach as far into 
the north as that arme of the bav of Casko, that he mav 
go Round about his Patten with a boote w^^'in a myle A." 
From this and other minute descriptions, he says a map 
may be made if thought best ; yet, in this letter he says : 

" Thereis 

105. T7'7e Trelawny Papers, p. CO. 



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GEORGE CLEEVE AND HIS TIMES, 75 

" Thereis on that hath built a house a little above Cleves 
within your old patten as I Conceave." This house was 
on the Neck and north of the broad river lying between 
the Neck and Cape Elizabeth, which was designated in 
Cleeve's patent as the River of Casco. Winter was an 
aggressive man as well as Cleeve, and was ready to push 
this claim, however unreasonable, as an offset for any 
claim which might be made upon him for the ejectment 
of Cleeve from the Spurwink. The trouble soon began. 
On the 26th of July, following his return from Massa- 
chusetts, Cleeve, having received a letter from Sir Fer- 
dinando Gorges, who had heard of the threatened 
troubles which he proposed to settle through arbitra- 
tion by three disinterested persons, visited Richmond's 
Island, taking his patent with him, and comparing it 
with the copy of Trelawny's patent In Winter's posses- 
sion. '°^ The interview must have been a stormy one, 
as Cleeve served upon Winter before he left, a warrant 
to appear in England to answer to his suit for eject- 
ment, and Winter, in return, warned Cleeve to leave the 
Neck, as it was the property of Trelawny, by the 29th of 
the following September, or " Myhellmas," as he denomi- 
nates it. 

It is to be noted that Winter, in his letter to Tre- 
lawny three days later, informing him of the particulars 

of 

lOG. r<(ic Trelawny Papers, p. 117 



■t - 



.'• .•'..■■' ">Vf;''lr ;.. ^^' 



^6 GEORGE CLEEVE AND HIS TIMES. 

of this Interview, designates the river separating Cape 
Elizabeth and Cleeve's Neck, as Machegonne was 
called, the "River of Casko."'°^ This is important, as 
shovvlns: at this time that It had not occurred to him to 
claim that the Presumpscot, several miles farther north, 
was the Casco river, yet this was necessary in order even 
to throw the shadow of a doubt upon the validity of 
Cleeve's title. The necessity, however, of moving the 
Casco River north of the Neck, he saw upon subsequent 
consideration, and he seized upon It. Nor was it impos- 
sible to get testimony to support such a claim. A river 
flowing into Casco Bay, like the Presumpscot, might well 
have been occasionally called the river of Casco, ,by 
early voyagers to the bay. At the time, however, when 
Cleeve's grant was made, It bore its proper Indian name 
of Pessumpsca, or Pesumpscatowitt, and was designated 
bv the former title in that ^rant, which should have set- 
tied the question. In any case, however, the Trelawny 
patent could not have been properly made to stretch 
over the Neck, as its northernmost limit was only a mile 

from 



107. The exact words of Winter 
are : ' 

"He showed me [his] patten that 
Sir FarJinando (iorge hath granled 
him, & is for IGOO Akers of hind 
from his house, it so rp the bay tt 
River of Ca.sko abone the fallts about 
1-2 a mile or more as he pretends." 



From the position of Cleeve's house, 
which is well known to have been at 
Clay Cove, it is evident that Winter 
designates the river now known as 
Fore River as the *' River of Casko," 
a fact to be particularly noted. Vide 
Trelawny Tapers, p. 117. 



> 



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GEORGE CLEEVE AND HIS TIMES. ^^ 

from the mouth of the Spurwink. A more preposterous 
claim than this of Winter could not well have been made, 
yet he pressed it with an energy worthy of a better 
cause, as we shall see. He was troubled, however, by the 
prospect of having to appear in England to answer 
Cleeves charges.""^ Cleeve certainly does not appear 
to disadvantage even in this letter written by his great- 
est enemy. He took his patent to Richmond's Island 
and compared it with Trelawny's, and, confident in the 
validity of his grant, was quite ready to have the dispute 
adjusted by "3 Indeferent men." He could do no more. 
There was no Court at the time in which such* a case> 
could be tried, and both parties figuratively rested upon 
their arms for a season. Winter pursued his fishing and 
trading operations at Richmond's Island with evident 
ability, and Cleeve and Tucker carried on a rival trade 
upon the Neck which was more accessible to the Indi- 
ans who passed their summers about the shores of Casco 
Bay and the adjacent islands. Cleeve, however, was not 
allowed to rest in peace, for Vines and others, alarmed -at 
his sudden elevation to authority and importance, which 
would be injurious to their interests, hastened to place him 
in a bad light before Sir Ferdinando's eyes. In this they 
were so successful that on August 23d, Gorges di- 
rected a letter to Sir Henry Vane, Winthrop, and oth- 
ers in 

108. FtJe Trelawny Papers, p. 118. 
11 



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78 GEORGE CLEEVE AND HIS TIMES. 



ers in Massachusetts, asking them to interfere in the 
controversy/^'^ but Sir Henry Vane was already on his 
return voyage to England, and Winthrop, who had re- 
sumed the governorship, with his usual prudence ab- 
stained from meddling in the affairs of his neighbors. 
In this letter Gorges took occasion to assure Winthrop 
that he knew nothing of the particulars of the joint 
government scheme already alluded to, which w^as so 
obnoxious to Cradock and Winthrop, except as he re- 
ceived them erroneously from Cleeve, for whom he 
offers the excuse already alluded to, that he might have 
been himself misled by Morton. With all these influen- 
tial enemies about him, Cleeve must have felt that his 
position was insecure, knowing as he did how those in 
power could accomplish their purposes. Even patents 
could be recalled if occasion required."^ Certainly it 
could have been with no pleasant feelings that he learned 
of the appointment of Sir Henry Vane, John Win- 
throp and other Massachusetts magistrates to enquire 
into his conduct. 



109. Vvle postea, Collateral Docu- 
ments No. IV. 



110. Fide the Commission of King 
Charles the First, for regulating 
Plantations. 



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1. 1 




H E year sixteen hundred and thirty-eight 
opened cold and wet. The seed rotted In the 
ground, increasing the labors of the over- 
burdened planters, and, above all, the air was filled with 
threatenlngs of disaster. A great earthq^uake'" 
1638. in the beginning of summer caused the supersti- 
tious settlers to tremble with alarm at what 
many believed to be the near approach of the judgment 
day; indeed, the earth continued to shake at times dur- 
ing the year, as though the spiritual disturbances which 
were shaking: the social foundations of the old w^orld 
were finding physical expression In the new. Increas- 
ing ecclesiastical rigors were causing men to yearn for 
liberty even in a wilderness afar from scenes and asso- 
ciations dear to them, and an exodus to New England 
set in." Tn spite of a royal proclamation and the efforts 
of the. Privy Council to prevent emigration, three thou- 
sand emigrants landed upon our shores before the year 

' ■' closed, 

111. nJe Winthrop's Journal, Vol. I, p. 318, H aeq. 



•- w » 



8o GEORGE CLEEVE AND HIS TIMES. 

closed, to aid in laying the foundations of a free common- 
wealth. Cleeve and Tucker were no longer alone upon 
the Neck. Their lands were being taken up by settlers, 
and a busy community was springing up about them. 
Among those who came into the vicinity was John Jos- 
selyn, the quaint author, then a young man, w4io crossed 
the ocean with his aged father, Sir Thomas Josselyn, to 
visit his brother Henry at Black Point, where he arrived 
in the month of July."- To John Josselyn we are in- 
debted for many glimpses of the political and social con- 
dition of the times. 

In the brothers Josselyn and Cammock, Michael Mit- 
ton, who had become the son-in-law of Cleeve by marrip.ge 
with his daughter Elizabeth, must have found congenial 
fellowship, as they were, in the parlance of the times, 
gentlemen, and, without doubt, all " gentle sportsmen." 
Josselyn describes an evening which he spent with 
Mitton and others at Cammock's house some time after 
his arrival in the country. He denominates Mitton "a 
great fowler," and repeats several marvelous stories told 
by him and others, who took the occasion of the presence 
of fi fresh young man from England, to draw the long 
bow for his especial delectation."^ The success of the 
romancists, who were doubtless mellowed by frequent 

draughts 

112. Vide Trelawny Papers, p. 140. 

113. Vide Josselyn's Two Voyages, p. 22. 



<i/IT 



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GEORGE CLEEVE AND HIS TIMES. 8r 

draughts of generous sack and other seductive potables, 
is evidenced by the serious manner in which Josselyn 
repeats them. The unrestricted sale of intoxicating 
beverages was a great injury to the Colonists, and 
especially hurtful to the Indians, who were ready to part 
with any and ev^erything which they possessed to obtain 
the coveted fire water.""* So serious did the evil of this 
traffic become, that when Courts were established, it was 
found necessary for the public weal to pass laws to 
regulate their sale. x\t Richmond's Island the importa- 
tion of intoxicants was extensively carried on, the fish 
taken there and about Casco Bay being exported in Tre- 
lawny's ships to the West Indies, and there exchanged 
for various commodities of which intoxicating liquors 
formed an important part. Certainly they were the 
most potent attractions to the Indians, who w^re drawn 
by them to the trading stations, where men and women, 
old and young alike, were destroyed by their use. Re- 
ligious influence at this time on the coast of Maine was 
feeble. Richard Gibson,"^ a young Episcopalian and 

' graduate 

114. Vide Josselyn's Two Voy- [ less than three years, when, having 
ages, p.'lOS. I married the daughter of Thomas 

I 

115. Richard Gibson came to New Lewis, of Saco, he removed to Ports- 
England under the patronage of Tre- mouth, N. II. He preached there and 
lawny, probably accompanying John ; at the Isles of Shoals until 1(542, but 
Winter on his return voyage to Rich- i " being wholly addicted to the liier- 
niond's Island in the spring of 1G3G. I archy and discipline of England," 
He preached at the Island somewhat i and couuseling the people to revolt 



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82 GEORGE CLEEVE AND HIS TIMES. 



graduate of Magdalen College, was settled at Richmond's 
Island, and without doubt labored faithfully among the 
rude settlers in the vicinity, but the field was stony, and 
he does not appear to have been successful in its cultiva- 
tion. It must be admitted that the Puritan discipline in 
Massachusetts had a most excellent effect upon society, 
inducing order w^here chaos would have else prevailed, 
and that in the settlements nominally under Episcopal 
rule, society was in a less orderly condition. Edward 
Trelawny"^ bears w'itness to this, yet it is unfair to 
make Episcopalianism in any degree responsible for 
the disorderly state of society in the eastern settle- 
ments, since it was not sufficiently rooted in Ne>v 
England soil to bear its proper fruit. Such men as Un- 
derbill, who was prominent at Piscataqua, Burdet and 
Knollys, who preached there, although inimical to the 
Puritan government, and sufficiently in alliance with its 
enemies in Enc^land to send home to them the sfravest 

o o 



against the authority of Massachu- 
setts, he was brought before the Court 
at Boston and " committed to the Mar- 
shall,", but having "made a full 
acknowledgment of all he was charged 
with, and the evil thereof • * he was 
discharged without any fine or other 
puniahment," and immediately left 
the country. 
Like so many others, he appears to 



of 

have subsequently modified his views, 
for many years after he was ejected 
from his living at Cherry-Orton, in 
Huntingdonshire, for non-conformity. 
Vide Winthrop's Journal, Vol. II, 
p. 79. A continuance of the account 
of the Ministers Silenced, &.c., by Ed- 
ward Calamy, D. I)., Vol. I, p. 5."]4. 

IIG. Vide Trelawny Tapers, pp. 
78-81. 



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GEORGE CLEEVE AND HIS TIMES. St, 

of charges, were not Episcopalians. The governing 
men like Neal, Godfrey, Vines, Cammock, Josselyn and 
other able and excellent gentlemen, who gave character 
to the eastern settlements, were Episcopalians, but the 
mass of the inhabitants were confusingly heterodox. 
The hostility to Massachusetts bore its legitimate fruit. 
Although the astute Winthrop and his able coadjutors 
were in sore trouble on account of peremptory demands 
from England to send home their patent, compliance with 
which would have been fatal to their authority and disci- 
pline, they nevertheless gave notice to the authorities of 
Piscataqua that they should " survey " their " utmost lim- 
its and make use of them." What this meant was well 
understood at Piscataqua, but how strange such a notice 
would have sounded to the dwellers on the shores of 
Casco Bay. The time, however, was to come when this 
eastern boundary of the Massachusetts colony was to be 
pushed eastward until it included them. 






.M^ 



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^]^:m^£Ji 







IR Ferdlnando Gorges had drawn upon himself 
the censure of zealous churchmen and others 



^1 who were opposed to him, for making, it was 



alleged, the possessions in New England, which he con- 
trolled as one of the Council, " The receptacle of divers 
sorts of sects," "^ and this, with other vexatious matters 
difficult to adjust, caused the Council to surrender its 
patent to the Crown, which at once parceled out the 
territory among the members of the Council."^ Sir 
Ferdinando was a favorite of Charles, and received 

from that generous monarch, on April 3, 
1639. 1639, a charter of the tcrritoiy extending " From 

the Piscataqua to the Kennebec, and up these 
rivers to their furthest heads," or until one hundred and 

, twenty 



117. This extract from America 
Painted to the Life, shows the true 
state of atlairs in the Provlpce. The 
government, which was Episcopalian, 
was unjustly made to bear the odium 
resulting from disorders which pre- 
vailed among adventurers who flocked 



into the Province and who had no re- 
ligious affiliations with the ruling 
power. . 

118. Vide Records of the Council, 
pp. 75-83. The Brief Narration, 
Maine Hist. Coll., Vol. II, p. 54. 



II -■ > >, 



; li 



GEORGE CLEEVE AND HIS TIMES. 85 

twenty miles were completed, w^ith all the Islands within .if 
twenty leasfues of the coast.""^ The name sriven to this • 

territory w^as the Province or County of Maine, and it ^ 

was the intention of the Lord Proprietor to accompany I 

the Councilors whom he selected to New England, and 
with them to organize his government therein; but, ovv 
being prevented from carrying out his intentions, he 
'sent in his place his deputy and kinsman, Thomas 
Gorsres."" To settle the relio:ious difficultv, the forms 
of ecclesiastical government peculiar to the Church of <{ 
England were set up in the New Province ;"'' indeed, 
the propagation of religion had alway been a conspicuous 
motive in settling: the New World. » 

Juan de Cosa, in his remarkable map, depicts Colum- 
bus as Saint Christopher, bearing Christ upon his 
shoulders through the seas which separate Europe from • 
America,'" and Hakluyt, in 1584, heads the first chap- 
ter of his " Discourse " in this wise: " That this ^Yestirne ^^ ■''' 
discoverle will be orreatclv for the inlaroements of the 

gospel 1 



119. Vide Early Records of Maine, 
Vol. I. pp. 1.3-49. 

120. Thouias Gorp;es was a cousin 
to Sir Ferdinando, and had but just 
finished his studies at Westminster 
when he was called to fill the place 



office of Deputy Governor of the 
Province acceptably until 1G43, when 
he returned to England. 

121. Vule The Brief Narration, p. 
55. Early Kecords of Maine, Vol. I, 
pp. 15-40. 



i < 



of Sir Thomas Josselyn in the new } 122. I'iJc Select Letters of Colum- 

government. He filled the trying \ bus, Hakluyt Society. --- - 



12 






4 / c. . / ;■' ■ * , 



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86 GEORGE CLEEVE AND HIS TIMES. 

gospell of Christ," '"^ making this theme the burden of 
his discourse. At a later day, Captain John Smith says 
to the king : " I doubt not but you will seeke to the 
prime authority of the Church of England,"''^ and 
Cotton Mather makes the ecclesiastical history of New 
England the subject of his fluent pen, while we know 
that the ofovernlns: idea with the French kins: was to 
establish Catholicism In the New World. Certainly the 
establishment of a church in the wilderness which should 
teach its peculiar views, was the dream of every sect of 
reliQ:ionists which looked across the Atlantic for a home. 
Massachusetts had set Puritanism upon a strong seat 
within her domains, and Sir Ferdlnando Gorges, whose 
charter gave him almost royal powers, desired to coun- 
terbalance her Influence by setting up in his Province 
of Maine, an ecclesiasticism of regal magnificence. To 
this end, he made Gorglana, now the little town of 
York, the seat of his government, and created for it al- 
most as many offices on paper as there were inhabitants in 
the town. The Province of Maine he divided into elcfht 

o 

bailiwicks, and these, into sixteen several hundreds, 
and into parishes and tithings, as the people might in- 
crease. A governor, lieutenant-governor and chancel- 
or; a treasurer for the receipt of the public revenue ; a 

marshal 

123 Vide Me. Hist. Coil., Doc. ! 121. H'ie Advertisements for the 

Series, Vol. II, p. 7. j Unexperienced, p. 57. 



ll 



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GEORGE CLEEVE AND HIS TIMES. Sy 

marshal of militia; a judge marshal and officers of the 
marshal's court ; an admiral, with his lieutenant or judge, 
to determine maritime causes ; a master of the ordnance, 
whose office was to take charge of the public stores be- 
longing to the militia for sea and land, and a secretary 
ior the public service of the governor and council.'''^ A 
more brilliant-scheme, and one m.ore impracticable, never 
sprang from a fervid brain, and of course it challenged 
the hostility of Massachusetts, although Gorges politely 
wrote to Winthrop that he had given his deputy ''com- 
mand to be carefuU to doe his best, that all fayre corre- 
spondency be maintayned between those two severall 
Plantations, as a speciall means by God's favour to give , 
furtherance to the happiness thereof.""^ In appointing 
his officers, Gorges ignored Cleeve, who was thereafter 
his opponent. As soon as the new government had 
fairly settled itself in the Province, it opened a Court at 
Saco, on June twenty-fifth, 1640. 

In this Court Cleeve occupied a conspicuous po- 
1640. sition. He was chosen foreman of the grand 

jury, and must have enjoyed the confidence of 
the Court, since a number of cases were referred to him 
for arbitration. "7 This is noticeable, as Godfrey and 

Vines, 



125. Vide The Brief Narration, p. 
55. 

126. Vide Mass. Hist. Coll., Fourth 



Scries, Vol. VII, p. 332. 

127. Vide postea, Collateral Docu- 
ments, No. V. 



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88 GEORGE CLEEVE AND HIS TIMES. 

Vines, who were openly hostile to him, were members : 
of the Court. 

It will be remembered that Cleeve had procured out 
of the Star Chamber, three years before, a writ to com- 
pel them as well as Winter and Purchas to appear before 
the high Court to answer charges preferred by him 
against them. Godfrey was obliged to proceed to Eng- 
land to answer for himself, Vines and Winter; but the 
charges not being sustained, he procured " against Cleeve 
an order out of the high Court of Starr chamber for 
costs in that Court, by a speclall writt," amounting to 
twenty pounds. He had pressed Cleeve for payment of 
this order, but without success, and at this, the first 
Court under the new government of Gorges, he pre- 
sented this order. We learn from a letter of Vines to 
Governor Winthrop, what Cleeve's answer to Godfrey 
respecting this writ from the Star Chamber was. It 
was bold and characteristic of the man, and was to the 
effect that they had " No power to levy money here 
vpon any writts that come out of England," and that he 
would " answeare it from whence it came.""^ This 
answer was probably better than he knew it to be, for 
although Gorges may have written to Vines, as the latter 
declared to Winthrop, to "see that Mr. Godfrey have 



ri^iht 



128. Vide postea, Collateral Docuuuients, No. YH. 



1j.'"?hi ■; r 



... nx/ 



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' M' 



GEORGE CLEEVE AND HIS TIMES. 89 

right in this case,"'""^ he would hardly have ventured to 
establish so dangerous a precedent in his Province, as to 
acknowledge the jurisdiction of the high Court of Star 
Chamber in it, bv enforcins^ its writ ao:ainst Cleeve, and 
the matter appears to have come to nought. Other 
suits were brouo-ht as^ainst Cleeve and Tucker at this 
first Provincial Court,'^° but Cleeve himself was the most. . 
important litigant in it, for having now an opportunity 
of getting a legal adjustment of his claims against Winter, 
he availed himself of it by setting in motion two actions .^ 
against him, one for the value of his property near the : 
Spurwink, which Winter had appropriated to 'his own . 
use,'^' and the other for disturbing liim in his possession^ 
of the Neck.'^' In the first case, Cleeve set forth the 
title to his former place of settlement on the Spurwink, 
claiming remuneration for his improvements there. He 
based his claim first, upon a promise made to him by > 
Sir Ferdinando Gorges, previous to his emigration to 
New England, of a grant of territory to be selected by ^ 
him ; and second, upon a conveyance to his partner, 
Tucker, in which he shared, from Richard Bradshaw, 
who had been put in possession of the territory referred 

to 



129. Vide postea, Collateral Docu- 
ments, No. VII. 

130. Vide postea, Collateral Docu- 
ments, No, V. 



131. Vide Early Uecord.s of Maine, 
Vol. I, pp. 71-78. Trelawny Papers, 
pp. 200-214. 22-3-231. 

132. Ibid. 



I ' 



•f. 



^ 



90 GEORGE CLEEVE AND HIS TIMES. 

to by Captain Walter Neal, the accredited agent of the 
Lords Patentees. From the fact that Cleeve made no 
mention of the patent to Bradshaw, bearing date No- 
vember ist, 1 63 1, which has already been referred to, 
we may properly Infer that he relied solely upon Brad- 
shaw s preempted right, which would equitably entitle 
him to damages, though it would not give him a legal 
title to the land. In the second case, Cleeve set forth 
his title to Machegonne, declaring that he first took pos- 
session of It under a proclamation of King James, which 
"gave vnto every sublect of his, which should transport 
himselfe ouer into this Country vpon his owne charge, 
and for every person that he should soe transport, one 
hundred and fiftle acres of land, which Proclamacjon 
standeth still in force to this day," and afterwards 
" desirous to enlarc^e his limits In a lawfull wav, addressed 
himselfe to Sir Ferdinando Gorges, the Propriator of 
this Province, and obtained for a sume of money and 
other conslderracrons a warrantable lease of inlaro^e- 
ment, bounded as bv relation therevnto had, doth and 
may appeare," and that Winter, "without any demand 
or title pretended, being moucd with envie and for some 
other sinister cause, hath now for these three yeares 
past and still doth vnjustly pretend an interest, and 
therevpon hath and doth still interrupt me to my great 

hindrance, 



<:]U 



:') 



) i' 



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V/ 



• f 



1 ,■ 



GEORGE CLEEVE AND HIS TIMES. 91 

hindrance, thereby seekeing my Ruine and vtter over- 
throw." 

To the first suit, Winter answered at the next session 
of the Court, held at Saco, the eighth day of September 
following, denying Cleeve's lawful possession of land at 
Spurwink, he having no " lawful grant from Sir Ferdi- 
nando Gorges," nor from Bradshaw, who possessed no 
title to the land referred to, since Neal "had then no 
power from any of the Lord Pattentees to dispose of any 
land within this Province, but only in Pascattaway."'^^ 
His reply to the second case was, that Cleeve "was 
never lawfully possessed of that tract of land in Casco 
Bay, which he calleth by the name of Machigonie ;" that 
with respect to the proclamation of King James referred 
to, he denied '* that then there was, or is, any such proc- 
lamaoon now in force," and claimed that Cleeve " cun- 
ningly and fraudulently, by false informaoon, obtained a 
lease from Sir Ferdinando Gorges," and that " Sir Fer- 
dinando Gorges, finding himselfe much abused by the 
plaintiffes wrong informaoon, hath giuen expresse order 
by his 'tre to Mr. Richard Vines, his Steward Generall, 
to put. the defendant in possession of the said land."'^"* 
He also attempted to show that Machegonne was within 
the limits of the first Trelawny patent, by producing 

testimony 



<• .'.1 . 



13.3. Vide Early Records of Maine, 
Vol. I, pp. 71-78. Trelawny Tapers, 



pp. 200-214. 22^>-2:31. 
1:34. Ibid. 



-.H! 



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J - 



92 GEORGE CLEEVE AND HIS TIMES. 

testimony to prove that the Presumpscot River was 
originally called the Casco.'^^ It is not strange that a 
river flowing into Casco Bay should at times have been 
called the Casco River, by persons unacquainted with its 
Indian name, but certainly Cleeve did not deceive 
Gorges in calling it by its proper Indian name of Pe- 
sumsca, the same name by which it had been called in 
the patent to Mackworth before Cleeve obtained his 
grant. Mackworth had lived for a long time upon its 
banks, near the Indian settlement, and must have been 
more familiar with the river and its history than any one 
else, yet neither he nor any of the Indians were called 
to testify, which Is certalnlv most sisfniflcant. No other 
testimony could have been so important to Winter as 
Mackworth's, could he have testified in his favor, and 
the fact that he was not called by Winter to testify is 
presumptive evidence that his testimony would have 
been adverse to his claim ; although, If Mackworth had 
testified that he had heard the Presumpscot called the 
Casco, it should not have affected Cleeve's title, since it 
must have been apparent to all who examined the Tre- 
lawny patent, that it was not the intent of the grantor 
to extend its northerly boundary so far. Both cases were 
decided in favor of Cleeve. In the first case, he was 

.H, awarded 

136. Ft Je Trelawny Papers, p. 239. 



r ^^ni 



'/ 1 .■.',,' 



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GEORGE CLEEVE AND HIS TIMES. 9 



^ 



awarded damages, by the jury, to the amount of eighty 
pounds sterling, with four acres of ground and the house 
at Spurwink, and judgment was given upon the verdict 
by the bench, Richard Vines alone dissenting.'^^ In the 
second case, however, his right was so clear, that even 
Vines joined with his associates in giving judgment 
upon the verdict In his favor, although Winter had ^ 
stated in his answer, that Vines held an order from Sir 
Ferdinando Gorges, to put him In possession of Mache- 
o^onne. A third suit was brouGfht bv some of Winter's 
neighbors against him for extortion. '^^ It would appear 
from a letter of Godfrey to Trelawny, that Cleeve was 
instrumental in setting this suit on foot.'^^ Be that as it' 
may, the Court properly decided that it had no right to 
determine what profit a man should put upon his wares. 
The judgment of the Court having been rendered against 
him in both cases, Winter at once entered a prayer for •- 
stay of judgment and an appeal to Sir Ferdinando 
Gorges. '^^ This was followed by affidavits from Josselyn 
and Vines, based upon their personal survey of the 

property 

136. . Fide Early Itecords of Maine, I grating, fore staling, & extorting; 



pp. 71-78. Trelawny Papers, pp. 
20&-214. 

137. Vide Trelawny Papers, pp. 
209-214. 

138. " This Turbulent fellow heere 
fyrst comenced per waie of present- 
ment to fynd Mr. lo. Wynter for re- 

13 



then Comenced ten Actions of many 
hundered of £ more then ever hee 
was worth." Vide Trelawny Papers, 
p. 240. 

109. Vide Trelawny Papers, p. 
233. 



r' >■ 



• ii I I < 



; I 



94 GEORGE CLEEVE AND HIS TIMES. 

property taken from Cleeve by Winter, to show that the 
award of the jury was excessive.'-*" Godfrey, who had 
joined his associates in rendering jiidgment adverse to 
Winter, hastened to write to Trelawny to excuse his 
action.'"*' The letter was filled with personal abuse of 
Cleeve, and contained the advice that if Sir Ferdinando 
Gorges " Cannot rectify you, then make your remon- 
strance to the Lords Comitioners, get a Comition 
to those yt have pattentes, other wyse noe help, for 
here planters would have all Com'on." This letter 
can hardly fail to suggest to the mind that sup- 
pleness to power so common at that time, and indeed, 
so necessary to personal comfort and advancement. God- 
frey was within the immediate influence of Thomas 
Gorges, a young man of an independent and just spirit, 
as yet certainly free from local prejudices, whose action 
in this and subsequent cases shows him to have been a 
man of strong convictions, and one not to be swerved 
from a course which he deemed right. Godfrey had unit- 
ed with him in these judgments in favor of Cleeve, but 
remembered him of the powerful Trelawny across the 
seas,, a pillar in the ecclesiastical establishment to which 
he owed allecriance, and hastened to assure him of the 
continued warmth of his hostility to Cleeve, and to sug- 



gest 



140. Vide Trelawny Tapers, p. 241. .jj j; 

141. Vide Ibid, p. 240. 



'i cull y . 



1 1 



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I') 



»»• 



GEORGE CLEEVE AND HIS TIMES. 95 

gest a way by which this judgment, which he himself 
had acquiesced in as a just one, might be overruled in 
favor of the English magnate. While such a suggestion ^ 
may seem strange to-day, to one who has observed how . 
the course of justice was obstructed and often turned 
aside by royal power, which was utilized by those in roy- 
al favor, it is seen to be only in accordance with a theory 
of government then prevalent, but soon to become obso- ^ 
lete. The trouble between Winter and Cammock still 
continued. Although Gorges had given Trelawny two . 
thousand acres of land to settle the matter. Winter still 
held Cammock's land. The tenacity with which he held . 
a position, right or wrong, which he had once taken, and , 
the impossibility of adjusting a matter in dispute with 
him without yielding everything claimed, is noticeable 
throughout the record which Winter has left. He coolly 
wrote Trelawny at this time that there was still a dispute 
between him and Cammock, relative to land on Cam- 
mock's side of the river, and that the latter "still Claims 
a myle vp the River Spurwinke,"'^' which was exactly 
what his patent gave him, and about which there could , 
be no reasonable question. Winter, however, acted as 
though he beh'eved that persistence would finally infuse 
validitv into a claim, however insubstantial at the out- 
set, and if we take his success as proof of the correctness 

of this 

142. Vidt Trelawny Papers, p. 248. 



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?f'' 'in -jf] 



96 GEORGE CLEEVE AND HIS TIMES. 

of this belief, he was right. His prayer for a stay of 
judgment in the suits of Cleeve was not heeded and 
execution was issued. The marshal, knowing the man 
he had to deal with, took a force of thirty men with him 
when he went to the island to levy the execution, but 
did not succeed in levying it, being kept at bay by Win- 
ter's men and finally forced to give up the undertak- 
ing.'"^^ Winter, having resisted the officers of the new 
government when in the performance of their duty, was 
fain to give them a wide berth thereafter, but being 
obliged to go to the Bay on business, was forced by 
stress of weather to put into the harbor of Accomen- 
ticus, and Thomas Gorges, hearing of this, at once sen^ 
his officers aboard his vessel and arrested him, com- 
pelling him to give a recognizance to appear at the 
next Court, to answer for resisting the officers of the 
law.'^"* During the year, began the first financial panic 
recorded in New England Annals. Emigration, 
which had for some time been large, almost ceased ; 
in fact, more left the country than came into it, 
causing an ever increasing dearth of money, and conse- 
quent decline in values, especially in cattle, then an im- 
portant element of wealth, which declined to one-fourth 
of their former value. So scarce was money, that 

Indian 

143. Vide Trelawny Tapers, pp. 252-254. 

144. Vide Ibid, pp. 25-3-257. 



-> 



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•:/ 'YJ 



GEORGE CLEEVE AND HIS TIMES. 97 

Indian corn was made a legal tender for four, rye for 
five, and wheat for six shillings a bushel. '"^^ The stop- 
page in emigration was due to causes in the mother 
country. Unwise and cruel use of power by the govern- 
ment had aroused the spirit of liberty throughout the 
English realm, and the result was a struggle, in which 
liberty gained a firmer foothold. There was no longer 
occasion to flee from the scours^e of intolerance, which 
Laud had wielded so persistently with royal approval ; 
indeed, men who had pined for the pleasant fields of 
Old England, began selling their property, that they 
might obtain the means of returning home. All this, 
however, did not serve to abate the Interest in the con- 
test beinGf wai^-ed between the dwellers on the Neck and 
those on Richmond's Island, but each party gathered all 
available means for success at the approaching session 
of the Court. 

145. Vide Hubbard's New England, pp. 208, 24G. 




,«•»' 






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*iVf-^i.<' rfffife^'*" "Stars'* <^.«i.y^iifiTW«^m v-^-^-^-'-^^ 





i< 




iJHE Court convened at Saco on the 25th of 
June, and found Winter ready for action. 
He began by presenting to the Court a peti- 
tion, in which he set forth that on account of the unjust 

verdict of the jury he was " moved to forbeare & 
1 64 1, avoyd the levyeing"'^^ of the execution of the 

Court, hoping to be able to make the injustice ApnQ 
him appear to Sir Ferdinando Gorges and the Commis- 
sioners, and then proceeded to attaint the jury, which, 
in view of the heinousness of the offence as expounded 
by Coke, and the terrible penalties attached to it, and 
then familiar to all, coupled with the absence of any 
proof of the truth of his charge, was a proceeding 
outrageous and inexcusable. By his charter, Sir Fer- 
dinando Gorges was granted extraordinary powers. Not 
only did it bestow upon him full authority to establish 
Courts of justice, civil and ecclesiastic, to appoint judges, 
mao^istrates and officers for hearins: and determinincc 
causes, with the power to impose penalties, extending to 

the 

146. Vide Trelawny Papers, p. 207, ct scq. 



I 1 



GEORGE CLEEVE AND HIS TIMES. 99 

the "taking away of life or member," or to "pardon, re- 
mit and release all offences and offenders" in the ^^^ 
Province, subject only " to the power and regement of 
the Lords and other Commissioners here for foraigne , 
Plantations for the time being," but it gave him still 
larger powers with respect to property, in these words : 
** For all whatsoever doth, shall or may concerne the ' -^ 
proprietie of the said province, partes and coasts of the ' 

same, or any of them, or any ownership in any lands, ■ • 
tenements or other hereditaments, goods or chattells, or 
the nominating or appointing any officer, or officers, the 
same is left whollv to the said Sir Ferdinando Gorsres, 
his heires and assignes, according to the tenor, intent, ' 
and true meaning of these presents."'^^ In this case, 
Winter could not appeal to the Court of King's Bench, 
as it was a question of property and wholly within the 
limits of Sir Ferdinando Gorges' power, hence his 
attempt to attaint the jury, attaint being an offence 
against the King, by which he hoped to get his case re- 
moved for decision to England, where he probably had 
little fear of an unfavorable result, as his principal was 
a member of Parliament and influential, and influence 
counted then to an extent hard to realize now. Although 
attaint would lie against jurors wlio brouirht in a verdict 
contrary to evidence, we are told that it was " not easy, 

because 

147. vide Early Records of Maine, Vol. I, p. 21. 



u w 



ir Jirt 



I ■• t 



loo GEORGE CLEEVE AND HIS TIMES. 

because they may have evidence of their own conusance 
of the matter by them, or they may find upon distrust 
of the witnesses, or their own proper knowledge."'^^ 

The point upon which Winter relied in urging his plea 
for attaint against the whole jury, was that " Captain 
Thomas Cammock, one of the enquest, moved with envy " 
against him, affirmed that he did not believe the testimo- 
ny of John Mills, one of Winter's witnesses, which he 
claimed both weakened and made void the evidence 
which had been adduced to show that the Presumpscot 
was the river formerly known as the Casco, and that 
"a taynt in one" was "a taynt in all."'-*'^ This plea, in 
any way it is looked at, appears weak, since the law recog- 
nized the proper finding of a verdict by a jury " upon 
distrust of the witnesses ;" but its weakness was not 
considered a moment. It was so high handed and un- 
just, and involved such momentous consequences to the 
Lord Proprietor and his government that its weakness 
escaped notice. Imagination may well place before us 
the assembly of planters and fishermen thronging the 
Court at Saco, rough but thinking men, who had left the 
pomps and precedents of the Old World for freedom 
and justice in the New, and may partially enter into their 
feelings as they listened to Thomas Gorges while he 

read 

148. Vide Jacobs' Law Dist., Vol. I, p. 1G7. 

149. F/Je Trelawny Papers, p. 2(53. 



t, I. i 



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GEORGE CLEEVE AND HIS TIMES. loi 

read from the precious volume of the English law, which 
he had brought with him Into the wilderness, the ter- 
rible penalty which would fall upon \YInter's neighbors 
if his plea of attaint should prevail, as it might, even 
though jurors were Innocent of any Intention of injustice 
in their verdict ; for, if perplexed by confusing argu- 
ments and misleading statements of counsel, with no 
clew to guide them through a labyrinth of conflicting 
testimony, they were unfortunate enough to bring in a 
verdict contrary to the evidence, as interpreted by the 
judge, they were open to attaint. The injustice of Win- 
ter's procedure, and, above all, the attempt to Introduce 
into this Infant Court the tyranny which found Its proper, 
atmosphere only within the hated precincts of the Star 
Chamber, were sufficient to move the hearts of those who 
listened to Gorges, with indignation. Such an appeal, 
too. If successful, would establish a precedent at conflict 
with the chartered rights of the Lord Proprietor. This 
question threw the Court into commotion, and the magis- 
trates were perplexed to know how to meet questions of 
appeal. It was Anally solved by the appointment of an 
umpire, to whom appeals could be taken and whose de- 
cisions were to be flnal. The umpire chosen was the ;. 
Rev. Stephen Bachiler,'^° of Massachusetts. This case. 

however. 



150. The Rev. Stephen Bachi'.er 
was at this time eighty years of age. 
14 



Being unsuccessful in his ministry, he 
returned to England in IGol, where he 






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I02 GEORGE CLEEVE AND HIS TIMES. 




however, was not carried to him on appeal, but 'both 
cases which Cleeve had won, together with an action for 
defamation of Winter's wife, brought by her husband 
against Cleeve, were referred to four arbitrators, Bach- 

iler actins: as umpire. 
W/Vo^/r? hf^s^ljj^^..^ s Doth parties bound 

themselves in an as- 
sumpsit of a thousand 
pounds to abide by the 
decision of the arbitrators " for the finall ending of all 
controversies betweene them."'^' .' • ,, . 

This action of Cleeve, in consenting to the arbitra- 
tion of causes already decided in his favor, and up^n 
which execution had issued, thereby taking the hazard 
of a new trial, we must regard as favorable to him and 
exhibiting a desire to have an end of litigation ; but, 
though each party bound himself to faithfully abide by 
the award of the arbitrators, we learn from the Rev. 
Robert Jordan, in a letter to Robert Trclawny,'^' that 
Winter cherished a secret design to eventually over-ride 
the award, if it was not in his favor, on the ground that 
he was coerced. The fact was, that Winter's armed 
resistance to the officers of the government, when sent 

to 



died in 10(50, in the one-hundredth 
year of his age. An extended account 
of him may be found in tlie Trelawny 



Papers, p. 270, note 3. 

151. Vide, Trelawny Papers, p. 272. 

152. VidG Ibid, pp. 314-320. 



,-:!!! "V.,. • 



\J 



GEORGE CLEEVE AND HIS TIMES. 103 

to enforce the execution of the Court against him, was 
considered, as it was, a grave offence, especially by the 
deputy governor, whose dignity was affronted. It was 
the first attempt of the new government to enforce one 
of its decrees, and its failure to do so was humiliating. 
Although the government, by its vigilance, had finally 
caught Winter and compelled him to deposit with it, 
"So much Beuer as did amont to 30I sterling," to secure 
his appearance at its Court, his resistance to its authority 
was not forgotten, and when he put in a plea of attaint 
against the jury, which was also a reflection upon the 
magistrates who affirmed the verdict and granted execu- 
tion upon it, it was like pouring gun-powder upon a ^ 
slumbering flame, and an explosion was the result. 
Jordan tells us that the deputy governor declared that 
it was "Insufferable that the consciences of the jurors 
should be questioned by Winter, and the jurors being 
hasty to enter actions of slander against him," so that he ., 
felt compelled to acknowledge himself in the wrong and 
present another petition. This document is unique in 
its sophistry. After charging the jurors with the crim- 
inal weakness of having been instigated by Cleeve to 
perjure themselves, he declares that '' he hath a tender 
care and respect towards their fame and reputation," and 
humbly prays to be allowed a new traverse in his suit, 

that 



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I04 GEORGE CLEEVE AND HIS TIMES. 

that he may be freed from further trouble in the matter, 
as otherwise he may be compelled " to prove the taynt 
or hazard a ffine vnto our Soueralgne Lord the King, 
which he should be loath to vndertake if it otherwayes 
may be."'^^ IMackworth at once began suit against him 
for damages ; besides, the former grievance of resistance 
to the authorities was intensified by the charge of attaint 
against the jurors, and w^arrants were issued against 
Winter's retainers, who had accompanied him to Saco 
in his own vessel, and who were doubtless not a little 
proud of their former achievement ; and we are told that 
even the deputy governor publicly threatened that " if 
they came not, They (That is, the Prouine power) woiUd 
burne the shipp ;"'^^ yet, as soon as Winter evinced a 
proper .spirit, by agreeing to submit to arbitration, which 
he should have been w^illing to agree to without pressure, 
since it was an equitable way of adjusting the matters 
in dispute, the government showed leniency and magna- 
nimity by recalling its warrants and quashing all pro- 
ceedings against him. The result of the arbitration was 
in favor of Cleeve. For his house and land at Spur- 
wink, the arbitrators awarded him sixty instead of eighty 
pounds damage, probably on the ground that there was 
less land "impaled" by him than he claimed, and, con- 
sequently 

153. FifZe Trelawny Papers, p. 208. 

154. Vide Ibid, p. ZIO. 



-( ) 



I , *' " ] I 



GEORGE CLEEVE AND HIS TIMES. 105 

sequently less than the jury based their verdict upon. 
With respect to his title to Machegonne, the arbitrators 
fully confirmed the verdict of the jury, while in the 
action brought against him by Winter for defaming the. 
latter's wife, they required the defendant " to Christianlie 
acknowledsce his favleincr " to the Court and Mrs. Win- 
ter.'^^ Cleeve had now had his title from Gorgres con- 

o 

firmed by the government of the Province, and had sub- 
mitted to a final arbitration, by arbitrators properly 
chosen, who had re-confirmed it. This, it was to be sup- 
posed, settled the question as to the validity of his title to 
the Neck, but we shall see that his opponents thought 
otherwise. Shortly after the reference to arbitration, ap-, 
parently entered into in good faith by both parties. Win- 
ter informed Trelawnv of the fact, and stated that sub- 
mission on his part was enforced by the threatened 
arrest of men at a time when he needed their services, 
men who, as we already know, had resisted the mandate 
of the Court.'^' 

The action of the government in attempting to main- 
tain its authority by the enforcement of its laws, is 
ascribed to the influence of Cleeve, whom Jordan was 
ready to charge with being able "to deceauc the wisest 
brain." When we consider that in the Council were 

such 

155. Ti'ie Trelawny Papers, p. 272. 
166. nje /6i/i, p. 280. 



T 






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t i 






io6 GEORGE CLEEVE AND HIS TIMES. 

such men as Thomas Gor- 

^^Y^ToO ^/yUrr-AC S^^' Richard Bonython and 
t^ M^::^^ C^ Henry Josselyn, we must, If 

we adopt these estimates of 
Cleeve made by his opponents, attribute to him an 
ability beyond what a zealous partizanship would be like- 
ly to accord him. A statement, however, by Winter, 
which follows the one adverted to, leads us to suppose 
that the preceding may be an efflorescence of prejudice, 
colored by admiration. It is to the effect that Winter 
knows no reason for Cleeve's action " except his desire to 
be to worke his malice to hinder our proceedings, 
hoping to bring vs to the pas he is him selfe."'^^ Clee\;e's 
endeavor to maintain the justice of his cause in Court, 
and accordinc: to the forms of law, seekinof a lesral ad- 
justment of clearly equitable claims, cannot fairly be 
ascribed to malice, through a desire to reduce his oppo- 
nents to the condition of poverty in which it is intimated 
he was himself. It seems but the well thumbed story of 
the blindness and arrogance of power. Cleeve was a 
poor but bold, aspiring man ; Winter an inferior, repre- 
senting a rich and powerful patron. If we take into 
account the theory then prevalent regarding the com- 
parative rights of the strong and the weak, we shall see 
that the very position of the parties with regard to each 

other 

107. Vide Trelawny Papers, p. 280. 



"\\. 



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•-1 



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GEORGE CLEEVE AND HIS TIMES. 107 V 

other are indicative of the nature of the relations which 
must have necessarily existed between them. Trelawny 
was powerful, a member of the British Parliament, and 
on friendly relations with the Lord Proprietor, while 
Cleeve, as has been said, was poor, but bold and aspiring ; ' 
given to a free utterance of his opinions, otherwise to 
" rash speeches," a thing then intolerable and entitling a ^ 
man to the odious agnomen of public nuisance ; indeed, 
according to the justice then prevalent in the Old World, 
such a man might properly lose his ears or a finger or a 
hand, to teach him the respect due to the established 
order of things, a Deo ct rege — the order established by ; v 
Divine right. The acts of such a man could only spring 
from a malicious desire to reduce the rich and powerful 
to his own low level. Such a view is justified by con- 
temporaneous history, but for its justification in this case 
we need only to study Trelawny's orders to his agent 
Winter, and his arrogant attitude towards the Provincial 
government. Winter was advised that the Lord Pro- , - 
prietor had entertained his appeal and issued orders to 
stop all proceedings, and moreover had written his r, 
deputy governor and Council, giving his own opinion of .;/ 
Cleeve and his views with regard to the Casco River, but at { 
the same time was authorized to pay Cleeve one-quarter 
of the amount awarded him by the jury for his property <• 

on the 



?:^-'ii\ -':!i (1//. :■; 



io8 GEORGE CLEEVE AND HIS TIMES. 

on the Spurwink ; namely, twenty pounds, or as much less 
as he could be induced to accept. Orders were given to 
Winter to commence a new suit for the possession of 
the Neck, and the hope was confidently expressed that 
the government would cause the ejectment of the tres- 
passer therefrom. '^^ In the parallel claim to land on the 
western side of the Spurwink, the particulars concerning 
which we are already familiar with. Winter is told to 
" keepe the possession of what you have had on either 
side."''"* This unjust claim of a few acres of marsh land 
on Cammock's side of the river, and which had served 
as the occasion of the Q-rant of two thousand acres of 
some of the best land on the Cape, was not to be (Con- 
sidered settled at all, but was to be persevered in under 
that prevalent rule of ethics, so provocative of rebellions 
and revolutions, namely, " seize what you can ; hold what 
you seize." 

Perhaps what was considered a sufficient ground by 
Trelawny for renewing this claim was found in the 
sympathy which Cammock had evinced for a fellow- 
sufferer similarly situated with himself; certainly no 
better ground is apparent. The closing instructions to 
Winter are the most remarkable and should be quoted 
in full. They are as follows: "In Cause Justice be 

not 

158. Vide Trelawny Papers, p. 273. 

159. Vide Ibid. p. 274. 



■^•■wrv^ 'r'\\\ (\Ah .- .„_,.] ) 



GEORGE CLEEVE AND HIS TIMES. 109 



not donn vou, send me ouer a Certificate, and I shall 
send a warrant hence from the Parlament to Bringe 
them all ouer here to Answer itt, where I beleiue the 
will not Justifie there doeings. All things, thankes be to 
God, goes well in Parlament. Many Plotts and Tray- 
sons have binne discoured. The Kins^e is very Gracious. ,, 
Hope within a very few dayes we shall settell Religion 
in peace and Restore the subjecte to his Ancient Liberty ;;,. 
& Righte of Propertye."'^° To the Provincial govern- 
ment his tone was arrosrant in the extreme. The threat 
that they might all be carried over to England to answer 
for their alleged injustice, was strengthened by a sugges- 
tion that their acts were treasonable, as they would be con-; ' 
sidered in Eno^land as "amakeinsr of warr one the Kino's 
peopell." To understand the confident tone of Trc- 
lawny at this time, we should reflect upon the conditions 
under which he wrote. The brave Strafford"" had 2fone 



160. Vide Tielawny Papers, p. 274. 

161. Thomas Wentworih, Earl 
of Strafford, was executed May 12th, 
1641, at the age of forty-eight. He 
was created Earl of Strafford only 
the year before and made Lord Lieu- 
tenant of Ireland, and shortly after 
Commander-in-Chief of the royal 
troops against the Scots. Having 
been defeated in the battle of New- 
burn, and being unpopular with Pym 
and other Parliamentary leaders, he 



to his 

dreaded the assembling of Parlia- 
ment and desired the King to permit 
him to return to Ireland; but was as- 
sured by the pledge of the royal 
word that " not a hair of his head 
should be touched by Parliament." 
Parliament, however, impeached him 
for treason, and the clamor for his 
life was so great that Charles wavered 
in his determination to save him, and 
having been advised by Strafford 
himself to sign his death warrant 



v>.>i r.y, ]r.l T 'ill 



! ■ 'n 



I ,'■ . 



i .w. I" 



no GEORGE CLEEVE AND HIS TIMES. 

to his execution, and Archbishop Laud, the arch per- 
secutor of the Puritans, was pining in the tower. The 
persecuted had in turn become persecutors — the like had 
produced its Hke. Yet affairs were fluctuating. The 
royal cause would be in the ascendancy to-day, the 
popular cause to-morrow, the king all the while never 
losing confidence in the final success of his cause, since 
he well understood the dissensions which existed among 
his opponents. 

A single bond only held them together, but it was one 
of terrible strength, a strength which he was incapable 
of estimating, and which he was impotent to sever. 
This bond was the dogma of the Divine right, whicji had 
been forged through long years of oppression, strength- 
ened by James and cherished by his amiable but unfor- 
tunate son. Trelawny wrote during one of those peri- 
ods when the royal cause was uppermost. Had it tri- 
umphed, the position which the writer occupied would 
have enabled him to carry out all that he threat- 
ened. Charles, whose position was so precarious, was 
" very gracious " to those who were friendly to his cause, 

and 

for the sake of the public peace, he i ford, London, 1874, Campbell's Ilis- 



yielded to the demands of Strafford's 
enemies and set his hand to the fatal 
document which was to send to the 
scaffold his most noble and faithful 
friend. Vide Cooper's Life of Straf- 



tory of the Great Rebellion in loco, 
and Knowler's Letters and Dispatch- 
es of Strafford. A portrait of him is 
preserved in the old Wentworth 
house at Portsmouth, N. H. 






J 



ly 



GEORGE CLEEVE AND HIS TIMES, iii 



and in a time when everything went by favor, either 
royal or parliamentary, the most favored was certain to 
triumph. It will be dif^ficult for us to-day in free 
America, or free England, to rightly appreciate the po- 
tency of such threats as those made by a member of the 
British Parliament in 1641 to a provincial jury, unless 
we are acquainted with the history of the times. We 
are told by Hume, who is amply sustained by other 
writers of note, that " There scarcelv occurs an instance 
in all these reigns that the sovereign or the ministers 
were ever disappointed in the issue of the prosecution. 
Timid juries and judges, who held their offices during 
pleasure, never failed to second all the views of th(^ 
Crown. And as the practice was anciently common of 
fining, imprisoning, or otherwise punishing the jurors, 
merely at the discretion of the Court, for finding a ver- 
dict contrary to the direction of these dependent judges, it 
is obvious that juries were then no manner of security to 
the liberty of the subject."'^' Examples of the truckling 
of judges to royal power are given by Campbell, '^'^ and we 
may correctly opine what the result would have been in 
the conflict between Cleeve and Winter, had the royal 
cause been successful in the struimle which was taking 

' ■ place 



00 



102. Vide Hume's Hist, of Eng- 
land, Ed. 180.0, Vol. VI. p. 410. 



163. 



Vide Campbell's Lives of the 



Chief Justices of England, Vol. I, pp. 
210, 22:'., 242, etpaasim. 



i X.Ji 



1 



y .-■■MI ' ■'/ 



I - 



I '■■''; .-'(,,'/ 



',■1 . 



112 GEORGE CLEEVE AND HIS TIMES. 

place In England, between prerogative and popular 
right. The very ring of Trelawny's words to the Pro- 
vincial Council directly, and through his agent indirectly, 
suggests that he intended to impress them with the idea 
that the one who uttered them was an influential mem- 
ber of a Parliament likely to continue for many years, 
whose position was secure and whose power could not 
be disregarded with impunity, especially in the near 
future, when the troubles which were preventing the gov- 
ernment in England from exercising its authority in 
America were settled. But the scroll has been unrolled 
before our eyes, and we can see how blind were the 
actors in this momentous drama to the true condition of 
things about them. Perhaps the signs of coming events 
were never plainer to read than when Trelawny penned 
his threats to tlie Provincial Council. A great revolu- 
tion had begun, and forces which no human power could 
control were at work destroviuGf the foundations of the 
" established order,'' that a new and better order 
might be possible, yet Robert Trelawny, doubtless as 
wise as his compeers, complacently wrote to his agent in 
New PZngland, that he hoped that " within very few 
dayes wee shall settell Reh'gion in peace and Restore 
the subjecte to his Ancient Liberty & Rights of Prop- 
ertye." A few months later, he was himself languishing 

in 



I > ,■ ! : / I 






GEORGE CLEEVE AND HIS TIMES. 113 

in Winchester House, "A Prisoner according to the 
sadness of the Times," from which death was to alone 
release him. 



:M\k. 



5 




'[■ 



•i 



I. .f 



t 



r-'/^;/r';r, ^jM rl/J W-/Vi:|_; 



I ^ 




asa^. 



: ■) » . 



the 




jN the spring of 1641 Robert Jordan, who has 

before been mentioned, entered upon the 

scene and took the place made vacant by the 

Rev. Richard Gibson, who had been sent to Richmond's 

^-x . Island by Robert Trelawny to 

/''\JL^ i/y^^---^^ establish Episcopal worship 

^ there. Gibson, however, after 

many differences with Winter and "some troublous 

spirits " in the neigh- 
borhood, had removed 
to Piscataqua and there 
established a church. 
Robert Jordan was at 
this time about twenty-eight years of age, having matric- 
ulated according to the register of Oxford University 
in the summer of 1632, at the age of nineteen. He 
probably took Episcopal orders not long previous to his 
coming to New England, which was about two years 

previous 




GEORGE CLEEVE AND HIS TIMES. 115 

previous to this date. Jordan was a man of ability, an 
intense partizan, and therefore a valuable acquisition to 
Winter, whose quarrels he warmly espoused. In Sarah 
Winter he saw more attractions than his predecessor 
had discovered, and in a short time she became his wife. 
It is to his letter bearing the somewhat pedantic 
1642. date of "die July vlt 1642,"'^-^ that we are in- 
debted for many interesting particulars concern- 
ing the legal conflict between Cleeve and Winter, already 
familiar to us. The advent of Jordan infused new en- 
ergy into W^inter's cause, and we should doubtless have 
seen a new move upon his part, had it not beenfor more 
important events transpiring in the Old World, which 
affected the relations of men in the New. The year 1642 
was pregnant with momentous events. Rumblings of 
the great revolution which had begun in England were 
blown across the ocean, arousing either hopes or fears in 
the breasts of those who listened, in accordance with their 
sympathies for or against the royal cause. All at once, 
as though a sudden light had been flashed upon it, roy- 
alty was seen by the popular eye to be but a thing of 
tinsel, unfit to wield the power which of right belonged 
to the people. It was not strange that Puritan New 
England listened complacently as it heard of the prog- 
ress of the popular cause, the final triumph of which would 

relieve 

IW. Vide Trelawny Papers, pp. 314-320. 



i I 



I M 



• J c . ! ' • 



// 



•.r^". 



ii6 GEORGE CLEEVE AND HIS TIMES. 

relieve It of the dansrers which had menaced it from its 
birth. This sudden change in the current of events was 
a boon to Cleeve. The success of the popular cause 
would be of greater Importance to him than the acquisi- 
tion of Jordan by his rival. The threats which Tre- 
lawny had recently made to summon him and all disposed 
to render him justice, to England, to answer before a tri- 
bunal which would have prejudged his case, now pos- 
sessed no terrors for the offenders. The sagacity and 
energy of Cleeve were now displayed. He saw his oppor- 
tunity, and at once determined to avail himself of it. 

The Company of Husbandmen who came over to 
Maine in the Ship Plough, in 1630, with a patent: for 
forty miles square between Cape Porpoise and the Saga- 
dahock River, but who shortly after dispersed, has 
already been spoken of. This Company had emigrated 
to Maine about the time of Cleeve's emi^fration hither as 
before stated, and he was doubtless acquainted with 
some of its members, as well as its patent, which had 
been in the hands of Richard Dunmier of Newburv, 
Massachusetts, for several years, Dummer having been 
made an associate member of this Company in 1638.'^'^ 

We may well believe that many schemes had shaped 
themselves to the ima<'Ination of Cleeve, which the 
possession of this patent might make possible realities, 

but 

1C5. Vicfe Hubbard's Indian Wars, Vol. II, p. 87, ei scq. 



.'■ / 



1 f\' • 

. ^ . t ... 



I ' 



li 







Q. 



^^f^^r-^rS^ 









BE - • - <t - » -, .^**^ ^ 



r 






- ^ . ^ ^ 



Portrait of Alexander Rigby. 

FROM A MINIATURE OX IVORY 
BY OLIVER THE YOUNGER. 



. . . \ 



I 



GEORGE CLEEVE AND HIS TIMES. 117 



but he had neither means nor influence to make its 
possession possible. The way was opening for the realiza- 
tion of the schemes which had heretofore onl}^ existed in 
his mind as shadows, and he at once turned his steps 
into it. It was necessary to the success of his plans to 
again cross the ocean, and hastily embarking on the 
Eleanor, a London ship freighted with tobacco from 
Virginia, and which had been obliged to put into Boston 
for repairs, having "spent her masts" and received 
other damage, he sailed for England on the 4th day of 
June.'^^ He arrived in London during a most exciting 
period, but he evidently did not lose sight of the busi- 
ness he had in hand, for we soon find him in conference 

with Sir Alexander Ris:- 
by,"'^ a member of Parlia- 
ment, and an influential 
leader of the popular 
party. The great revolu- 
tion was well under way. 
Sir Ferdinando Gorcres was with the fuGfitive kinsf, 
and Robert Trelawny was languishing in prison,'^^ 
to which he had been unjustly committed by his 

Puritan 




IGG. Vide Winthrop's Journal, Vol. 
II, p. 75. Trelawny Papers, p. ."322. 

1G7. For an account of Sir Alex- 
ander Iligby, vi'le Trelawny Papers, 
p. 3G5, note 0, and an article by Dr. 



Cha.s. E. Banks, in Maine Historical 
and Genealogical Recorder, Vol. II, 
No. 1. 

108. Vide Trelawny Papers, p. 
24. 



f .' •? 



in < ./ 1 



'■{ A 



4 t 



ii8 GEORGE CLEEVE AND HIS TIMES. 



Puritan enemies. Cleeve found himself in the midst 
of friends. Even Tom Morton, who was w^hllome 
a staunch supporter of the throne, and ready to crop 
the ears of a Puritan Republican, was, for the nonce 
at least, a Parliamentarian, and as ready to persecute 
an Episcopal Royalist. He doubtless met Cleeve 
upon his arrival In London, and, as of yore, repre- 
sented himself as being in confidential relationship 
with the party in power, especially with RIgby who was 
daily coming more and more into distinction. How 
much Cleeve used him we know not. There is nothing, 
indeed, to show that "he had any connection with him. 
Cleeve had been bred in the school of men, and was 
shrewd enough to estimate Morton at his true worth, and 
though he might have but little confidence in his pro- 
bity, he might make use of him in reaching men and in 
arranging such legal details as his business required.'^"' 
Be this as it may, Cleeve succeeded in inducing RIgby to 
buy the Lygonia or Plough patent and to appoint him to 
the very Important office of deputy governor of the Prov- 
ince of Lygonia,'^" which province we know included the 
territory occupied by his enemies. Vines, Godfrey, Win- 
ter and others. This was a grand coup, securing as it 

did 



169. ^^o^ton was the accredited 
solicitor of the Council for New Eng- 
land, and employed by that corpora- 
tion to prosecute a suit for repealing 



the Massachusetts Charter. Y'vIq 
Ilecords of the Council, p. 81. 

170. Vide Winthrop's Journal, 
Vol. II, p. 180. 



,M,i- >r!i n/A :■' / 



J 



^ 



' , f " ' , ' • ^ 



1 ,' .' . 



GEORGE CLEEVE AND HIS TIMES. 119 

did for himself the powerful protection of Rigby who 
was the nominal Q:overnor of the new Province, a man 
whose position was secure, and who would have Parlla-. .. 
ment behind him to enforce his authoritv. r-/. 

But Cleeve recognized the difficulties in his path. A (::.••• 
defacto government was exercising its powers under the ;: 
royal grant to Gorges, and at the head of that govern- ' 
ment were men of ability and energy who would not 
yield up the reins readily. Vines and Godfrey were the 
men he most dreaded, indeed, his most powerful ene- 
mies in the Province. It was a political necessity to 
break their influence. He had formerly made" charges ' 
ao^ainst them before the Hisfh Court of Star Chamber, 
which he had not followed up, and he would make 
another attempt to cripple their power. We are not to 
suppose that he had no basis upon which to found 
charo^es ac^ainst them. It was not difficult to find 
grounds for charges of irregularity in any of the govern- 
ments of the New World. The verv conditions under 
which such governments existed often made proceedings ^t 
not in strict accordance with the laws of the realm, in a 
certain degree, necessary. Such charges were made>/ .. 
against Massachusetts, whose government was the best 
in New England,, and made upon valid grounds. Cleeve, 
therefore, without doubt, founded his charges upon spe- 
cific 



1 '•■ ■-/; 



I20 GEORGE CLEEVE AND HIS TIMES. 



cific acts of Vines and Godfrey, very likely done in good 
faith, and, perhaps, under the circumstances necessary ; 
but, after all, sufficient to warrant an opponent in mak- 
ing charges of misgovernment. It was necessary to 
present his charges to Parliament, and this he did in the 
form of a petition to appoint a commission of men in 
New England of high character, the peers of the accused 
men, like Governor Winthrop, Arthur Mackworth, Henry 
Boade and Captain Edward Gibbons,'^' to examine 
and act upon the charges preferred against them/^' 

From certain depositions afterwards made it has been 
asserted that Cleeve attached to his petition the names 
of some of his neighbors, without their knowledge^ or 
consent, or, in other words, that he resorted to forgery, 
and this alleged act has been hitherto made to throw a 
shadow upon his name. Happily, this is the only matter 
of moment which it is necessarv to remove to leave his 
fame fair, and this is remarkable when we consider that 
the records of his dav are so crowded with accusations 
and apparent proofs of wrong doing against men occu- 
pying positions less likely to create antagonisms than he 
occupied, and whose memories have never been assailed 

■ ' - by 



171. Captain Edward Gibbons was 
a brother of Ambrose, wlio was prom- 
inent in the early history of I'orts- 
inouth. He was an eminent merchant 
of Boston and had extensive dealings 



with Virginia and the West Indies. 
He was also active in the military 
affairs of the Commonwealth. 

172. Vide postea, Collateral Docu- 
ments, Nos. XI-XVIII. 



■■■?;■ ■■;''' 



GEORGE CLEEVE AND HIS TIMES. 121 

by adverse criticism. It is unfortunate that this petition 
has not come down to us, that we might understand the 
precise manner in w^hlch the names of Cleeve's neighbors 
were used. 

All that we have are the depositions taken by his 
antagonist to be used in Court, which would of course be 
put in as strong language and be made to appear as 
much to his disadvantage as possible. There are two 
depositions, the first signed by nine* persons, and the 
second by one, namely, Francis Robinson. '^^ The first 
simply sets forth that the deponents "never gave orders 
to Mr. George Cleves of Cascoe to prefer any petition 
or to exhibit any articles in Parliament against Mr. 
Richard Vines. Neither did wee either see or knowe of 
the said articles or petloon untill the said George 
Cleaves did come last out of Ens^land," and further that 
they could not testify to the things therein contained. 
The deposition of Francis Robinson has an additional 
clause, intended to make it appear that Cleeve had 
resorted to forgery, but as an illustration of that saying, 
that every poison has its antidote near at hand, this mis- 
chievous clause has In it a refutation of its own intent. 

It is to the effect that the Rev. 
Thomas Jenner,'^"^ the good Puritan 
pastor, asked Cleeve, probably hav- 




173. Vide postea, Collateral Docu- 
ments, No. XVII. 



ino: 

174. The Rev. Thomas Jenner en- 
joys the distinction of being the first 



r^ 



I . 1 



122 GEORGE CLEEVE AND HIS TIMES. 

ing heard reports of the transaction " Why he putt men's 
hands to a petigon that they never saw, & he said his 
answer was the Parliament bid him doe it."'^^ We are 
not for a moment to suppose that the ParUament 
ordered him to forge names to his petition, and certainly 
it would be nearly as unreasonable to suppose that he 
could have been so foolhardy, nay, such an imbecile, as 
to say that Parliament bid him commit forgery, for a 
statement so palpably false to the weakest intellect 
would only submit him to instant condemnation. A 
better theory and one which meets all requirements 
readily presents itself to the mind, and this is, that 
when Cleeve presented his petition to Parliament he w^s 
ordered to write upon it the names of such persons as he 
thought he could rely upon to aid in substantiating his 
charges, which he did by writing upon it the names 
of persons residing in the Province, and cognizant of the 
acts charged. It may be objected that possibly the peti- 
tion was drawn before his departure from home and 
carried by him to England. There is no proof of this, 
and besides, it would be going to unnecessary trouble and 
risk — to consider no hisfher reasons — for Cleeve to forsre 
men's names to a petition, when, from what we know, it 

must 

Puritan Minister of ^Sfaine. Ho | p. 050, note 1. 



preached in the Province about five 
years, and then returned to England, 
where he died. T7(ieTrelawny Papers, 



175. Vide postea, Collateral Docu- 
ments, 2so. XX. 



I ■ . » > '■ ■) t ' \ / I 



r- 



GEORGE CLEEVE AND HIS TIMES. 123 

must have been easy enough to get signatures to it 
among the enemies of Vines. It was desirable to meet 
Cleeve's move with a counter one, and a ready method sug- 
gested itself, which was to make it appear that he used 
the names of others unlawfully. It was an ingenious 
move, but resulted in nothing. The deponents stated, 
doubtless, the exact truth ; namely, that they knew noth- 
ing about the petition before Cleeve went to England, 
and it should not surprise us that they could not or 
would not testify to the truth of the charges. There is 
really nothing in these depositions to injure the character 
of Cleeve when they are analyzed and the circumstan- 
ces surrounding them considered. The petition to Par»- 
liament resulted In the appointment of a commission to 
the persons referred to above, to enquire into the charges 
preferred against Vines and Godfrey, and with this in his 
possession, with his commission as deputy governor of 
the new Province of Lvcronia, and an order to Dummer 
to deliver to him the parchment In his possession, Cleeve 
again turned his face towards New England. 



••;'■ ■ !'■ ( 



->.•«-'' 




E know not the exact date of George Cleeve's 
arrival in Boston, but have no reason to doubt 
that it was in the latter part of 1643/'^ He at 
once paid his respects to Governor Winthrop and doubt- 
less imparted to him stirring news relative to the 
1643. progress of the popular cause, of which he had been 
an eye witness. Thomas Gorges, owing to the 
troubles in England, had felt obliged to return home, and 

had 

as report passeth on him, he hath 
good hap to light on two of the ar- 
rantest known knaues that ever trod 
on New English shore, to be his 
agents cast & west, as Cleves tfc Mor- 
ton : but I shall be jealous on him 
till I know him better »S: hope others 
will take heed how they trust him 
who investeth such with power who 
haue devoted themselves to the ruiue 
of the Countrey as Morton hath." 

This is, however, an unwarranted 
inference and from Cleeve's letter to 
Winthrop of "27th of the 11th 
month," the inference is more forci- 
ble that he returned later than that 



176. It has been inferred that 
Cleeve returned to New England with 
Thomas Morton, as the latter was 
with him at Rigby's seat in the County 
of Lancaster May 2.'jd, as appears 
from his signature as a witness to the 
grant of Casco Neck to Cleeve by 
Rigby, and from the fact that both 
appear here at periods not far re- 
moved from each other, as well as 
from the following extract from a let- 
ter of Edward Winslow to John 
Winthrop, dated : 

"Sept. 11, '43. 

"As for Mr. Rigby if he be so iion- 
est, good and bopefull an instrument 



GEORGE CLEEVE AND HIS TIMES. 125 




dmiuiTnji^ 



had left Richard Vines in 
the seat of authority in 
Maine, and knowing well 
what a difficult task he had 
before him to oust Vines from the government of the Prov- 
ince, backed as he was by the ablest and most influential 
men in it, Cleeve sought the assistance of Massachusetts, 
whose sympathy would naturally be with Rigby and op- 
posed to Gorges, under whom Vines was acting.'^^ The 
Massachusetts authorities were unquestionably tempted 
to assist the new government in Maine, as it would 
greatly extend their political influence to have a govern- 
ment 



unpopular individual, wbo was in 
Plymouth early in tbe 7th month. 
Besides Winthrop says in his Journal, 
Vol. II, p. 18(3, that Cleeve landed in 
Boston, which Morton would not 
have dared to do. The real motive 
for the former inference is the allu- 
sion in tbe above extract from Wins- 
low's letter, associating him and 
Morton as co-agents of Rigby. This 
allusion, however, bad no basis in 
fact, as Morton was not an agent of 
Rigby, but made use of bis usual arts 
of deception to furtlier temporary 
ends. This is well shown in his Me- 
moir prefacing the New English 
Canaan, by Charles Trancis Adams. 
Morton could not have been Rigby's 
agent west, since Rigby had no 
property there, but Mortou probably 
17 



threw out mysterious hints that his 
pseudo patron had acquired, or 
was soon to acquire, import- 
ant rights west of the Province of 
Maine. As Winslow believed Cleeve 
to be associated with his worst enemy, 
his expression "two of the arrantest 
known knaues," should not be al- 
lowed to prejudice us against Cleeve, 
any more than similar expressions 
freely used by respectable men of this 
time against Winthrop and others of 
fair character, should be. The latter 
clause of the extract, it will be seen, 
is carefully limited to Morton, as 
though Winslow did not care to go 
so far in his condemnation of the one 
as of the other. 

177. Vide postea, Collateral Docu- 
ments, No. IX. 



r •» 



I ■' (" 



r^x 






126 GEORGE CLEEVE AND HIS TIMES. 

ment In that Province acting under their protection, but 
the prudence which ever actuated them directed their 
course at this juncture, and they concluded not to act 
directly in the matter, but to allow their Governor to 
write unofficially to Vines with whom he was on friendly 
terms, and advise him of the transfer of power to RIgby 
and his representative, Cleeve.'^^ It was astounding 
news to Vines and his associates, and exasperating to the 
last degree. They naturally regarded Cleeve as a penni- 
less adventurer, and thought that they foresaw an up- 
heaval of public order, in which the base and ignorant 
would gain the ascendancy. They therefore determined 
to hold their position and resist all encroachments upon 
their authority. Finding that the letter of Governor 
Winthrop did not have the effect he hoped it might 
have, Cleeve began to take measures to establish his 
authority in the Province. In doing this he resorted 
to no rash measures; indeed, WilHamson declares that 
"he adjusted his conduct by rules of strict prudence and 
moderatlon."'^'^ In studying the history of this period, 
we are obliged to rely largely upon letters of Cleeve and 
Vines to Governor Winthrop, which are, of course, 
colored by partlzan prejudice, hence we should be care- 
ful not to allow ourselves to take sides too readily with 

either 



178. Vide Winthrop's Journal, Vol. 
II, p. 186. 



179. Vide Williamson's Maine, 
Vol. I, p. 29G. 



f ■ r 



GEORGE CLEEVE AND HIS TIMES. 127 

either party. We well know, by ample experience, how 
in all contests, either civil, political or religious between 
men, the contestants appear to each other worse than 
they really are, and in the conflict which we are now 
considering, each party appeared to the other as a wrong 
doer and meriting condemnation. We should therefore 
confine ourselves to specific acts and, so far as possible, 
draw our conclusions from these. 

According even to Vines, Cleeve only took such steps 
as seemed necessary to enable him to peaceably attain 
power. First he nominated his officers, and then called 
a " Court " or convention to assemble " in Cascoe Bay 
the 25th of March," giving at least a notice of two 
months in advance, thereby avoiding the appearance of ' 
hasty action, and allowing ample time for the people to 
consider and discuss the proposed change. In the mean 
time he sent Tucker through the Province with a paper 
for the signatures of all who approved of his course.'^'' 
Vines, however, opposed him in every possible way; in- 
deed, he would have been recreant to the trust imposed 
upon him by Gorges had he failed to do so. At every 
step Cleeve found an obstacle to surmount. Many seri- 
ous legal questions were thrown into the arena and en- 
gaged the attention of opposing partizans. Cleeve 
claimed rightly that the Lygonia patent issued by the 

Council 

180. Vide postea, Collateral Documents, No. VIII. 



n. 



;.'' 



■ ^ 



/ r 



128 GEORGE CLEEVE AND HIS TIMES. 

Council for New England who held their charter from 
King James, antedated all other patents granted by 
them, within its limits ; that, indeed, legal possession by- 
turf and twig had been delivered to the patentees before 
any other patent within their limits had been granted, 
and, hence, that it was the only legal conveyance of the 
territory which it covered. Indeed, he had considered 
his own patent from Gorges to Machegonne as subject 
to the Lygonia patent, and had taken care to procure a 
new patent thereto from RIgby, to confirm his former 
title.'^' On the other hand, the opponents of Cleeve 
raised a question, certainly obscure, respecting the validity 
of the royal charter to the Council for New England 
from whom the Lygonia patent was derived. If the 
charter to the Council was invalid, its patent to the 
Company of Husbandmen was Invalid, according to the 
maxim, ex nihilo nihil fit. This question was based 
upon a supposition that the charter was originally 
granted by King James upon a misconception of facts. 
But it was further asserted that If the charter was valid, 
it had been surrendered subsequently by the Council, 
and the land parceled out among the members, the 
territory in question having been granted to Gorges 
with full powers of government from King Charles, 
rendering the power of government granted to the 

Lygonia 

181. Vide postea, Collateral Docamcnts, No. XIII. 



T' 






GEORGE CLEEVE AND HIS TIMES. 129 

Lygonia patentees void. If, however, it was simply a 
question of priority of title, then Sir Ferdinando Gorges 
was entitled to the territory, as a grant of it had been 
made to him and Mason in 1622.'^^ When we consider 
that Gorsres was the controllins: manacrer of the Council 
for New England, and joined in conveying to the Com- 
pany of Husbandmen this title, it is difficult to see how 
anything short of a re-conveyance of it to him by the 
grantees could re-instate him in the title after he had 
once divested himself of it. It would be a strange per- 
version of justice, if, after a corporation had disposed of 
its property, it could surrender its charter and its mem- 
bers could regain the property disposed of by a new 
grant from the original grantor, yet the argument used 
by Cleeve's opponents would seem to point to such a 
conclusion. As a matter of fact, however, when the 
Council for New England surrendered its charter, its 
grantees were provided for by a reservation of all prior 
grants and existing rlghts,'^^ hence the Lygonia patent 
was not as Vines claimed, '"'a broken tytle," but a sound 
one. Gossips were plenty, and every word and act were 
of course exaggerated. Rumors constantly reached 
Vines of violent measures to be adopted by Cleeve and 
his friends, for the Province was suddenly divided into 

two 



182. Vide Williamson's Maine, 
Vol. 1, p. 290, et 2)<^sim. 



183. Vide Records of the Council 
p. 78. 



.>J. • 



I30 GEORGE CLEEVE AND HIS TIMES. 

two parties, republican and royalist, as though a line 
invisible, but stronger than steel, had been drawn 
between men, separating them more effectually than 
any barrier which human ingenuity could contrive. . 
In his alarm Vines looked towards Massachusetts 
whose authorities he distrusted, and used such policy as 
he thou2:ht best to make her withhold assistance from 
his rival. He wrote Winthrop that Cleeve was abusing 
Sir Ferdinando Gorges, branding him " with the foule 
name of traytor by curcumstance," accusing him of 
counterfeiting "the King's broade Scale," and reporting 
his death ; but he carefully reminds the governor of 
news just received, which imported that this powerful 
man was still " in good health with a restauragon of his 
possessions agagne."'^** This was a fair stroke of policy 
and served to remind Winthrop of the danger he might 
incur by becoming a supporter of such libels against one 
so powerful, and would have had its effect, had not Win- 
throp, long before, marked out a strict policy of non-in- 
tervention in the affairs of Gorges' province. This letter 
is creditable to Vines and shows him to have been able 
and of an excellent spirit, holding the rights of others in 
trust and guarding them jealously and wisely; indeed, 
his position naturally enlists our sympathies in his behalf. 
AltJiough the Province was in a condition of excitement 

which 

184. Vide postea, Collateral Documents, No. VIII. 



.o'-'^iii am *i •■•1/-.. ^ 



;j.r :i<- ■.' 



.7 



GEORGE CLEEVE AND HIS TIMES. 131 

which would have enabled a rash and turbulent man to 
have united a strong opposition against the government 
of Vines, and to have, perhaps, overthrown it by force ; 
Cleeve exercised a wise forbearance, and displayed a 
determination to attain his ends by lawful means alone ; 
hence, after a consultation with a number of the inhab- 
itants of the Province, at his house, he caused to be pre- 
pared a petition addressed to himself and Vines and 
signed by all present, to submit the questions of title and 
government to " the worthy magistrates of the Massachu- 
setts," until a final decision could be obtained from Eng- 
land, and Vines tells us that this petition was emphasized 
by the declaration that the signers would obey neither 
government until some decision could be reached. *^^ 
This petition disturbed Vines, as he did not like to be 
placed in an attitude which would appear one of distrust 
towards Massachusetts by refusing her arbitration, 
althou2fh he secretlv misfht distrust his Puritan neieh- 
bors, and yet he felt obliged to decline the proposal of 
arbitration, as he did not consider that he possessed the 
right to submit the question of his patron s title'"to such 
an ordeal. No such power had been delegated to him. 
He allowed his anger to get the better of his judgment, 
and hastily took a step which was injudicious in the 
extreme, and which has been strongly disapproved. He 

arrested 

185. Vide postea, Collateral Documents, No. X. 



I ;^ I 



J ivi;; '' r ! 



I ' ■ I 



132 GEORGE CLEEVE AND HIS TIMES. 

arrested Tucker whose office of messenger to him should 
have afforded him sufficient protection, and after an 
examination before his Court had him bound in the sum 
of forty pounds to appear at its next session. Vines 
hastened to explain his course to Governor Winthrop, 
and excused himself from submitting to the arbitration 
of Massachusetts upon the excellent ground already 
mentioned, that he had no authority from the lord pro- 
prietor extending to his tltle.'^^ Had he contented him- 
self with this statement at the outset, his position would 
have been unassailable, but his high handed and violent 
course with Tucker naturally increased the hostility 
already existing against him. Tucker, upon being re- 
leased by Vines, returned to Cleeve who immediately 
sent him to Boston with a report of his treatment by 
Vines and the petition of the inhabitants already spoken 
of requesting the Massachusetts government to decide 
the questions in dispute between him and Vines. In his 
letter he uses the pious phraseology of the times which 
was consonant with WInthrop's fancy for "church ways," 
and he gently stirred his Puritan prejudice against 
Jordan, "a minlstarof antl-chrlst there chefe counsellar,'' 
as he styled him. He moreover charged Vines with 
threatening to send him a prisoner to England in one of 
Trelawny's ships, a threat, It would seem, often resorted 

to by 

186. FicZe po3tea, Collateral Documents, No. IX. 






!(■ 



.,„.'■( 



GEORGE CLEEVE AND HIS TIMES. 133 

to by royalists. '^^^ A few days later he sent another 
communication to Winthrop and his '' loving ffrend 
Captaine Edward Gibbons,"'^^ hoping that Winthrop at 
this juncture might consent to act under the commission, 
sent from Parliament to try the charges already alluded 
to which he had preferred against V^ines and Godfrey. 
This was well thou2:ht of and mio-ht have been acted 
upon by a less prudent man than Winthrop ; but he, as 
we know, had resolved on non-intervention, being unwill- 
ing to imperil Massachusetts by siding with either party. ; 
The letter of Cleeve was followed bv one from Vines, 
who was greatly disturbed and distrustful of Massachu- 
setts.'^'^ He well knew that the sympathies of her peo-, 
pie were against Gorges, and he labored assiduously to 
prevent them from supporting Cleeve, not realizing how 
firm the Massachusetts authorities were in their deter- 
mination not to espouse the quarrels of either party. 
But Vines had an antagonist apt in expedients, and 
another move was made by Cleeve which promised 
success. A confederation of the four principal colonies, 
namely, Massachusetts, Plymouth, Connecticut and New 
Haven, had recently been formed for purposes of mutual 
defence and aid. Confederation, or the formation of a 

union 

187. Vide postea, Collateral Documents No. IX. Trelawiiy Papers, p. 274. 

188. Vide postea, Collateral Documents, No. XI. 

189. Vide postea, Collateral Documents, No. XII. 

18 



( ' 



;i 



a 



134 GEORGE CLEEVE AND HIS TIMES. 

union of the scattered colonies of New England had 
become apopular idea — indeed, as popular, in its narrower 
field, as the maintenance of a union became more than 
two centuries later when civil war threatened to disrupt 
the bonds which held the States together. Cleeve 
grasped this popular idea and endeavored to make it 
serve him. A petition was prepared, signed by him 
and his supporters, and submitted to Massachusetts, 
praying that the Province of Lygonia should be ad- 
mitted into the Confederation of United Colonies.''^'' 
The Episcopal Province of Maine could not have been 
admitted to this confederation had she desired to be, but 
the New Province might be admitted as it was tendmg 
toward "a church way." Such a result would instate 
Cleeve and make the New Province a valuable ally to the 
other Provinces. It certainly was a hopeful scheme, yet 
embarrassing to Winthrop. The acquisition of Lygonia 
to the confederation he unquestionably desired, nay, duty 
pointed him towards granting this just and reasonable 
petition, yet the civil war in England was still undecided, 
and to place Massachusetts in possible antagonism to a 
favorite of the crown, would, if the royal cause was 
triumphant, be ruinous to her. Before the civil war 
broke out, Massachusetts had been in such extreme 
peril from her enemies in England, that she could not 

think 

100. Vide Winthrop's Journal, Vol. II, p. 187. . 



,. < 1 



^ 1 /; / 



,t </ I ' 



GEORGE CLEEVE AND HIS TIMES. 135 

think of taking a step which would increase their hostility, : 
if Providence should restore them to power. Winthrop 
did not decide hastily. He took time to confer with the 
commissioners of the United Colonies. In the mean- 
time, Vines sent a representative to Massachusetts with 
a letter signed by his supporters, and, indeed, visited 
Winthrop to personally defend his cause. The final ; 
result was that reasons were found for not admitting Ly- ' 
gonia to the confederation and Cleeve's hopes were 
again frustrated, yet he maintained the peace, and waited, 
while the government of Vines went on performing all 
its governmental functions as though its authority were 
unquestioned. Of course the Province was distracted 
by the unsettled condition of its affairs, but the people 
fully realized that they were in a happier condition than 
their brethren across the ocean, and the contending fac- 
tions wisely waited, watching for the final result of the 
more momentous strucrsfle to settle (government in Ens^- 
land, which would determine the crovernmeiit of Lv^onia. 







* * ."- r. '-_, 'r^^^x: 








HE year 1644 was one of suspense. News of 
the distractions in Parliament, of the death of 
Pym, and the success of the royal arms were 
blown across the water, encouraging the friends of 
Gorges and depressing the spirits of. Cleeve and 
1644. his supporters, as well as all who were inter- 
ested in the popular cause. . * • 
The fortunes of Cleeve seemed at a low ebb. With 
the restoration of King Charles to power, the rights of 
Gorges would be upheld, and Trelawny, backed by influ- 
ential friends, would dispossess him of Machegonne or 
Casco Neck, as it will be hereafter called, and perhaps 
put in force his threat to carry him and those who had 
aided hini to Emiland to answer to his charo-es of wroncr 
doing. So it appeared. But before the year closed, 
Robert Trelawny, who had languished in the prison of 
Winchester House, was borne thence to his burial, a 
martyr to the prejudice and bigotry which seemed to 
inspire all parties alike. The news of Trelawny's death 

quickly 



,•) ' .1 



GEORGE CLEEVE AND HIS TIMES. 137 

quickly reached New England, and must have been 
depressing enough to Winter and his little colony at 
Richmond's Island, who depended upon him for protec- 
tion and support. So the year passed. With the suc- 
cess of their party in England came confidence to the 
government of Vines. The Rev. Thomas Jenner had 
settled at Saco under the encouragement of Governor 
Winthrop, who found it convenient to have friends in the 
Province who would not only advance that phase of 
religion which he loved, but, at the same time, keep him ■ 
informed of the progress of events about them. Jenner's 
letters to Winthrop reveal many incidents of interest to 
one who studies them. Both Vines and Cleeve had 
entered into a compact to maintain the statics in quo, 
but Vines, emboldened by the favorable turn affairs had 
taken in England, sent out warrants for the arrest of 
Cleeve and Tucker. Henry Watts, one of Cleeve's adher- 
ents, was arrested and taken to Saco, where, having the 
alternative of paving a consideral^le fine or submitting 
to the government, he adopted the latter "for the 
present " and signed his submission. Upon being 
remonstrated with ''louingly" by the pastor, whom he 
had before treated with attention and respect, Vines 
fell out with him '' bitterly," and even went so far as to 
threaten him openly. Indeed, although "a gracious let- 
ter 






',. I 



/ 



' r 



-A 



...I 



138 GEORGE CLEEVE AND HIS TIMES. 

ter of advice to the contrary " from Winthrop was read 
openly in Court, they treated it with contempt and ''' re- 
solved forthwith to apprehend Cleeves and Tucker," dis- 
reo:ardin2: the Puritan sfovernor's " sfood Counsell.""=" 
Affairs in the Province were in a most disordered condi- 
tion. Money was scarce and every body in debt with 
insufficient means of payment ; indeed, Jenner told Win- 
throp that one reason for the violence against Rigby's 
claims was " the manifold debts which they owe in the 
Bay Sc els wher," as "so long as they have the Stafe in 
there oune hands they care not," and he concludes with 
the remark that " no man scarce durst to'aske for his 
oune, much less to sue for it." Cleeve, during this time, 
appears to have done nothing to disturb the peace, but 
to have waited for further advice and support from Rig- 
by. The latter, however, had left Parliament for the 
Camp and was engaged in active military service, hence 
he had but little time to devote to his far off Province in 
New England. In the summer of 1645, however, Cleeve 

received Instructions from him which he sent 
1645. to the Massachusetts government, and at the 

same time a petition In which he said, " we are in 
danger to be ruened & vndon unles the Lord do move 
your harts to protect vs with your assistance. I do not 
hereby presume to direct you, but humbly craue leeve to 

shew 

191. Vide postea. Collateral Documents, No. XVIIL 



,-.- ( i i <■ ! 



i / J [\ f 



GEORGE CLEEVE AxND HIS TIMES. 139 

shew myne opinnion, which is that if you will be plesecl 
to writ but your generall lettar to our opposits to deter 
them from there illeagall prosedings, and a lettar to our 
people of Lygonia to advice & incoridge them — I hope 
you shall not nede to put yourselves to any farther truble 
to finish the worke — and — w^ee do most humbly beseech 
you to afford vs such spedie assistance as the nesses- . 
sitie of our present condishion requireth, and we shall for 
euar pettishion the Throne of Grace for you all." This 
was signed by Cleeve " for and in behalfe of the people 
of Ligonia."'^' 

Knowing that the sympathies of Massachusetts were 
on his side, he still hoped to see them exercised in his, 
favor. Vines, on the other hand, was also hopeful of 
more favorable regard from Winthrop, since the tide of 
affairs in England was bearing the royal cause pros- 
perously forward, and he, too, shortly after Cleeve's 
appeal, addressed himself to W^inthrop, complaining 
vehemently of Cleeve for abusing and misrepresenting 
him.'^^^ Nor did he refrain from giving Winthrop to 
understand that he was far from beinor satisfied with 
that magistrate's course with respect to certain affidavits 
which had been taken in the case Cleeve had brousrht 
before Parliament ao^ainst him — Vines — and even went -i 

so 

192. Vide postea, Collateral Documents, No. XV. 

193. Vide Ibid, No. XVI. . i - iv 



I I 



I I I 



. . i >. 



I40 GEORGE CLEEVE AND HIS TIMES. 

so far as to say that he did not dare to go to Massachu- 
setts on account of Winthrop s attitude towards him, 
and threats of Cleeve to the effect that if he went there '^ 
he would "ly fast or goe home without my (his) leggs." . 
He moreover took occasion to defend his course with 
regard to maintaining hi^ position in the government of 
the Province, using the manly and reasonable argument 
that if he yielded without a decision from the proper tri- 
bunal, he " might be iustly condemned of infidelity and 
pusillanimity," but promised to submit peaceably to the 
order of KIug: or Parliament whenever such order should 
be promulgated. But the battle of Naseby had been 

fought, and, a few days kter, 
the news thereof reached 
New England. The royal 
cause had received a fatal 
blow, though it was not at the 
moment fully realized ; yet 
the spirits of anti-royalists, 'ere while depressed, again 
arose. Vines was disheartened. His long continued ef- 
forts In colonizing these far northern shores had not met 
with their proper reward, and he had doubtless thought 
for some time of relinquishing the struggle. Bar- 
badoes offered a more genial clime and fruitful soil, 
and thither his eyes were turned. Pinally, he determined 

to 




1 ' / ' ( 



* ■>■ 



! ) 



GEORGE CLEEVE AND HIS TIMES. 141 

to carry on the contest no longer, and, disposing of his 
patent, he turned his back forever upon the Province, 
and embarked with his familv for Barbadoes. Nothinsc 
had been "heard from Sir Ferdinando Gorges of late, 
for establishing of Government," yet Vines had gone on 
holdins: his Court and administerino: affairs within his 
jurisdiction as usual. 

At the Court held at Saco in October, the action of 
Cleeve in procuring the commission already alluded to 
from Parliament to enquire into certain charges against 
Vines was ventilated, and the affidavits also before 
spoken of produced."^"* Mackworth, upon whom Cleeve 
had relied, had abandoned him and joined his enemies"^"' 
^r) /^ j^ who were now headed • 

^^k^llTJy^ by Henry Josselyn, a 

/y C/ A ^ "ixv^w of character and 

(J ability, who had as- 

sumed the vacant office of deputy governor. With 
the departure of Vines, George Cleeve saw his most 
powerful opponent abandon the field. Another less in- 
fluential, but as persistent, was removed by death. This 
was his old enemy, John Winter, who, before the close 
of the year, sickened and died. Thus the three most 
formidable of Cleeve's adversaries were removed from 

his 

104. FicZe postea, Collateral Documents, No. XVII. 
IDo. Yklc Ibid, No. XVII. 

19 



U ! y/{\r\:\ :^A\\ i\A! 



V) 



> .wi 



c 



142 GEORGE CLEEVE AND HIS TIMES. 

his path which was slowly opening before him to success. 
The defection of Mackworth has been mentioned. With 
the failure of the royal cause came a re-action. Men 
whose religious affiliations attached them to the Church 
of Ensfland, but whose immediate interests seemed 
involved with popular government, and who had here- 
tofore been lukewarm or acting with the popular party 
upon questions affecting their temporal interests, began 
to bethink themselves that such action was question- 
able. The church and royalty were indissolubly united 
in their eyes, and the ruin of one would be. the ruin of 
both. The friends of Episcopacy drew together by 
common consent, and assumed with some complacency 
the title of cavaliers so proudly borne in England. Thus, 
many in whom the sentiment of loyalty to the church 
^. had been awakened deserted Cleeve. Instrumental in 
arousing this sentiment was Robert Jordan who had 
assumed the mantle of eternal hostility to Cleeve, laid 
down by \\'inter. It was determined to crush him 
out. As he had taken no aggressive steps to assert his 
authority, his pretensions could readily be made the 
occasion of contemptuous remarks. To encourage defec- 
•tion from him, an order was passed by the Court of 
.Josselyn on October 29th, as follows: "Ordered by 
joynt consent in Court that wee will ptect and ayde the 

inhabitants 



-■.I''' IT ^]:^ iVAl 'V 



) r 



^ ; , 



• , 1 



If 



GEORGE CLEEVE AND HIS TIMES. 14 



'> 



inhabitants of Cascoe Baye, "as namely Mr. Arthur 
Mackworth and all others in Confederacy w^^ vs there 
and ther estates from all opression wrong or injury that 
may be offered by ]Mr. Georg Cleeves, or from any under 
him.""^^ The threatening aspect of affairs impelled 
Cleeve to again apply to Governor Winthrop, and he 
addressed to him an urgent appeal, which, besides his 
own name, bore the signatures of Richard Tucker, Wil- 
liam Royal and Thomas Purchas. The latter, though a 
kinsman of Jordan, did not act with him, but personally 
carried the appeal to Boston and laid it before the Puri- 
tan governor. "^^ In this appeal to the Massachusetts gov- 
ernment, the petitioners stated the existence of a league 
asrainst Riiibv's authoritv and called attention to the 
acts of Mackworth, Josselyn and Robinson in going from 
house to house to influence the inhabitants to transfer their 
support to the government of Gorges, at the same time 
taking depositions in order to accuse the petitioners of 
treason, so that, said the petitioners, " we are all destined 
by them vnto destruction if the Lord prevent not their 
wicked plotts against vs." Nearly a hundred men, it was 
said, had joined together in order to forcibly break up 
the Court whicli Cleeve had appointed to be holdcn 
on the last day of the coming March, which would 

■■ ;'::" -''..^ ;-:. ' be 

19G. VUU Early Records of Maine, Vol. I, p. 100. 
197. Vlile postea, Collateral Documents, No. XVIII. 



.-. I- 



T Pin c/i ., 



144 GEORGE CLEEVE AND HIS TIMES. 

be likely to result in bloodshed and inaugurate civil 
war. Indeed, this was said to be the object of the 
leaguers who had boldly declared themselves for the king 
and assumed the title of Cavaliers. Governor Winthrop 
was urgently pressed to render the distressed inhabitants 
of Casco Bay assistance, and the potent argument was 
used that he would be sustained in his action by the Par- 
liament, which, having confirmed Baron Rigby's author- 
ity, would of course be pleased to see its acts supported by 
the Massachusetts government. Josselyn, who w^as as 
anxious as Cleeve to have the support of Massachusetts, 
also presented his side of the question to Winthrop, who, 
being appealed to thus by both parties, addressed them 
letters in which he urged them to abstain from further 
contention until the arrival of certain ships then on the 
way from England, by which orders were expected from 
the commissioners that would settle their differences. 
This judicious advice undoubtedly exerted an influence 
upon the minds of the contending parties, although when 
George Cleeve opened his Court at Casco Neck, Josse- : 
lyn with his adherents appeared armed to the teeth. • 
Cleeve's determination, however, to rely solely upon the 
law to sustain his cause was conspicuous, for although ■-: 
he had rcceix'cd ample notice of the intention of the 
" Cavileers," he and the inhabitants of the Neck were [ 
wholly unarmed. As 



r" 



T r ■ , 



M 

it 
I) 

•.'4. 



I! 

I* 



V 



GEORGE CLEEVE AND HIS TIMES. 145 

As it was customary to open the Court with a sermon, 
the Rev. Thomas Jenner who has been spoken of, was 
present, and without doubt his presence had a restrain- 
ing influence upon the opponents of Cleeve, deterring 
them from overt acts of violence. After the sermon 
which was probably of the usual length and delivered 
with the customary unction, Josselyn and his company 
who were evidently impressed by the peaceable and 
orderly conduct of their opponents retired a short dis- 
tance, and upon consultation demanded of Cleeve that he 
should show the authority upon which he acted. "^^ This 
he consented to and exhibited to them "his originals " 
which, probably, consisted of the Lygonia patent with 
its assignment and his commission of deputy governor. 
These were "publlkely read and scanned," but produced 
no other effect than to elicit a protest from the oppos- 
ing party and a demand of submission to the govern- 
ment of Gorges. A proposition was however made to 
submit the questions In dispute to the Massachusetts 
government, as they felt confident that this tribunal 
could not decide otherwise than that by the river called in 
the Lygonia patent the " Sacadehock " was meant the 
Kennebec. Cleeve rejoined by asking to see " their 
originals for government," but they could produce none, 
which gave him an excellent opportunity to reply that 

"ther 

198. Fi(?e postea, Collateral Documents, No. XXII. 



it 



li 



'■All iy/i! yn" ■_) 



/ , « 1 



146 GEORGE CLEEVE AND HIS TIMES. 

" ther was no equality betweene his something and their 
nothing," and he should not render obedience to them. 
He, however, freely accepted their proposition to sub- 
mit to the arbitration of Massachusetts and it was so 
concluded between them."^*^ 

This action of the opposing governments in the Prov- 
ince was communicated to Massachusetts by the Rev. 
Thomas Jenner, who had doubtless aided in bringing 
affairs to this peaceful issue, and she took it upon her- 
self to act in the premises, although some of the magis- 
trates thought such action unwise, as the parties were 
beyond the jurisdiction of Massachusetts an'd would 
not be bound bv decrees of her Courts, which she had no 
power to enforce. But the general opinion was, that one 
state could act as arbitrator between two other states 
upon their mutual request so to do, and that such action 
might tend to preserve peace at least temporarily. The 
parties therefore proceeded to Boston, George Cleeve 
and Richard Tucker representing Rigby's interest, and 
Henry Josselyn and Francis Robinson the interest of 
Gorges. Cleeve took the part of plaintiff and presented 
the assignment of the Lygonia patent to Rigby, but it 
did not have the signatures of all the patentees, two only 
of the eight having signed it, nor did Cleeve have wit- 
nesses at hand to show that the territory claimed by him 

was 

19y. Tide postea, Collateral Documents, No. XX. 



.-".[iv:;"; ^-^{H n//. :;■;"■■] r. 



I ; 



. 1 I < . 






GEORGE CLEEVE AND HIS TIMES. 147 

was within the limits of the Lygonia patent, a most 
necessary point to prove/^" We cannot, however, won- 
der at this, as to establish this point would have required 
a long and expensive survey by competent surveyors, 
and Clecve was unable to bear the charge of such a sur- 
vey, even had he been able to procure suitable persons 
to make it. On the other hand, Josselyn did not have 
the patent of Gorges to show, but only a copy, which 
was not considered " pleadable in law." The result was, 
that the jury disagreed and the Massachusetts magis- 
trates declined further action. This was unfortunate, as 
each party now deemed the other's rights of less im- 
portance than ever, and the inhabitants who were not 
directly interested in the question knew not what to'do, 
as neither government seemed to have a basis upon 
which to stand, and so affairs in the Province were, if 
possible, worse off than before. 

200. Vide postea, Collateral Documents, Xo. XXI. ' 




(f 



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OR three years George Cleeve had manfully 
maintained his rights in a lawful manner, neith- 
er committing nor counseling a single act of 
violence nor acting in any way to imperil the trusts 
committed to his keeping. It has been seen, that 
1646. with a calm reliance upon what he believed to be 
the justice of his cause, he had assembled his 
supporters unarmed to listen to the sermon of Thomas 
Jenner preparatory to opening his Court, although an 
armed band of his opponents, in pursuance of threats 
which had some time before reached his ears, was to be 
present for the purpose of breaking up that Court. A 
rash or impolitic man, under such extreme provocation, 
would have prepared to meet force with force, and 
the result would have been civil war. 

His patience was to receive ample reward, for while the 
parties were yet discussing the points revealed to all by 
the decision of the Massachusetts Court, the decision of 

the 



GEORGE CLEEVE AND HIS TIMES. 149 

the Commissioners for Foreign Plantations, before whom 
the rival claims of Gorges and Rigby had been placed for 
adjudication by Parliament, reached New England. It . 
was to the effect that Alexander Rigby was " the rightful " 
owner and proprietor of the inheritance and fee simple" 
of the " Province of Lygonia, by virtue of the deeds and ^' 
conveyances; &c., whereby the planting, ruling, ordering, \ 
and 2:overnin2: of the said tract or Province of Lvcfonia 
is settled, the same being a territory or tract of land, con- 
taining forty miles in length, and forty miles in breadth, 
lying on the south-west side of the river Sagadahock, and ;. 
adjoining unto the great ocean or sea called Mare del ' 
N'ort ; and further, the said committee do order all the» 
inhabitants of the said province, to yield obedience to " 
the said constitution of the said province, and that upon ■ 
resistance of the inhabitants the crovernour of Massachu- 
setts province shall assist the officers appointed by the 
said Alexander Riofbv.""" This decision was most ' 
humiliatimx to the commissioners of Sir Ferdinando 
Gorges, yet it was just. The presiding officer of the 
Board which rendered it was the Earl of W^arwick, who, 
with Sir Ferdinando Gorcres, made the oriofinal errant to 
the Company of Husbandmen, which is a significant 
fact. By this decision the Kennebunk River was made • 

the 

201. VidQ Winthrop's Journal, Vol. II, p. 090. Wiliiarason's Maine, I, 002. 
20 



1 



I50 GEORGE CLEEVE AND HIS TIMES. 

the southern, and the sea coast between that river and the 
Sagadahock the eastern boundary of Lygonia; the west- 
ern, by a reasonable interpretation, being forty miles in 
length and meeting the northern boundary forty miles 
from the sea. To Gorges was left of his magnificent 
possessions on the seaboard only the territory south-west- 
erly of the Kennebunk river, embracing the settlements 
of Wells, Gorgeana and Piscataqua, with a little hamlet 
of fishermen on the Isles of Shoals, which territory Mas- 
sachusetts covertly if not openly claimed. 

There was nothing, however, for the commissioners of 
Gorges to do but to submit to the decision of the Eng- 
lish commissioners to whom the matter had been 
referred by Parliament, and they relinquished the con- 
test, retiring within their now restricted limits and reor- 
eanlzlno: their o'overnmcnt. An election was held at 
Wells and Edward Godfrey was chosen governor. To 
return to George Cleeve, the measure of whose success 
was overflowing. The })arty to which he belonged was 
dominant in both old and new Elngland, and to it the great 
body of the people belonged. A government was organ- 
ized without loss of time, which was denominated the Gen- 
eral Assembly of the Province of Lygonia, of which Cleeve 
w-as deputy president, consisting of assistant magistrates 
and deputies, the latter being chosen by popular suffrage. 

A Circuit 



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GEORGE CLEEVE AND HIS TIMES. 151 

A Circuit Court was established and sessions were held 
at Casco, Black Point and Saco in turn. Cleeve acted 
under the advice and direction of Massachusetts in 
arranging the affairs of his government, a commission 
having been appointed by Parliament to assist and sup- 
port him. This commission consisted of Winthrop, 
Dudly, Bellingham, Pelham and other Massachusetts 
magistrates. From these men, the most able of their 
time to give wise counsel, Cleeve undoubtedly received 
valuable assistance. 

A curious letter preserved among the papers of Gov- 
ernor Winthrop throws light upon the questions 
1647. which had to be considered by, and the difficulties 
which these questions presented to the rude mag- 
istrates of this early period, who had no clear code of 
laws to guide them, and whose powers were undefuied 
and uncertain."''^ We are surprised to find associated 
with Cleeve in his government, men who had been his 
bitterest enemies. Josselyn and Jordan, especially the 
latter, had been untiring in their hostility to him; yet, 
in the day of his prosperity, we find them sitting with 
him in Court and acting harmoniously with him. Mack- 
worth, also, who had deserted him when his fortunes had 
reached their lowest ebb, was also allowed to share a 
place with him. This certainly speaks well for his 



202. Vide postca, Collateral Documents, No. XXIII. 



mac^nanimitv 



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i52 GEORGE CLEEVE AND HIS TIMES. 



magnanimity and good judgment, as it strengthened his 
government by uniting in its support men who might-^" 
have become dangerous to it if a less wise policy had been 
pursued. During the summer of 1647 Sir Ferdinando 
Gorges died, and that portion of the Province governed 
by his commissioners was left in an embarrassed condi- 
tion. The government of Lygonia, however, flourished, 
maintaining order and encouraging prosperity among 
the inhabitants within its jurisdiction. In 1648 Robert 
Jordan who had married John Winter's daughter and 
who had been carrvino; on the fishinsf business at Rich- 
mond's Island which his father-in-law had prosecuted 
for Robert Trelawny, hearing nothing from the heirs* of 
the proprietor in England, resolved to close up the estate 
of Winter. To this end he petitioned to the " Right 
Hon^i^ Alexander Rigby, President, Mr. George Cleaue, 
Deputy President, together with the whole Body of the 
General Assembly of the Province of Lygonia," request- 
ing them to adjust affairs between the estates of Winter 
and Trelawny."''^ This petition was granted and referred 
to a committee of which Cleeve was Chairman, and 
before this committee Jordan brought his claims which 
were large. The estate of Trelawny, however, was not 
represented, and consequently the accounts presented 
to the committee were undisputccL The Trelawny heir 

was 

203. Vide Me. Hist. Coll., Vol. I, p. 535. 



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GEORGE CLEEVE AND HIS TIMES. 153 

was but a child and his guardian was neglectful of his 
trust; besides, the unsettled condition of affairs in Eng- 
land was unfavorable to a proper adjustment of interests 
so remote, and Jordan found no obstacles in his way. 
George Cleeve, whom he had treated badly in the past, 
might, had he harbored a revengeful spirit, have proved 
a formidable obstacle to his designs, but Cleeve evidently 
acted in accordance with the theory that, as a magis- 
trate, it was improper for him to interest himself in the 
cause of either party, and as no one appeared to ques- 
tion the accounts presented by Jordan, he had only to 
report to the assembly the matters presented to his com- 
mittee, which he accordingly proceeded to dg, 
164S. and the Assembly immediately ordered it to be 
lawful for Jordan to seize and convert to his own 
use " all the Goods, Lands, Cattle and Chattels belong- 
ing to Robert Trclawny, deceased, with in this Province." 
This order was granted in satisfaction of a part only of 
the debt claimed to be due to Winter's heirs by Tre- 
lawny, Jordan shrewdly reserving a large debt to be in 
the future "recuperable by any Just course of Law 
according to Convenicncy." This order was signed by 
George Cleeve as Deputy President, and by it Jordan 
was at once placed in possession of all of the Trelawny 
property in the Province, and given a position of great 

influence. 



• M 1 



. ■ ' • • r, • ' ■ • ; . 



154 GEORGE CLEEVE AND HIS TIMES. 

influence. We shall see that, in the end, this decision 
in which Cleeve played so conspicuous a part was fatal 
to him, as it was putting a weapon which he could not 
withstand, into the hands of a man who, although at the 
moment associated with him and receiving from him 
friendly offices, was, at heart, his most dangerous enemy, 
and one who with sleepless vigilance would shape de- 
siscns ao^ainst his welfare. 

On the twenty-sixth of March, 1649, died John Win- 

throp, the only man who can properly be asso- 
1649. ciated in the history of the new world with 

George Washington, except, perhaps in our own 
generation, Abraham Lincoln. The news of his death 
produced a profound impression throughout New Eng- 
land, deeper, indeed, than the news of King Charles' 
execution, which immediately followed. By his death 
Cleeve was undoubtedly a loser, yet the party to which 
he belonged was strong, and he doubtless indulged in no 
apprehension for the future,'""^ feeling his position secure. 

In 



204. "Att a Generall Courte houl- 
den at Gorgeana alls Accomta the 
lethof'Octor., 1G49. 

" It is ordered this Court and power 
thereof: That in cas Mr. Cleaves or 
any other shall make any such clame 
wch cannot legally apcare of the peo- 
ple of Welles, or any people of this 
pvince, that then the sayd pi"sons 



whither there or in any other part of 
this Jurisdiction, shall [haue] nmtuall 
assistance from them both by power 
and counsell, as nede shall require, 
to secure them from any such unnec- 
essary molestations : 

" It is ordered this — that who soever 
directly or indirectly, shall raise any 
faction or disturbance to the weak- 



•'' ' . ■ j;. 



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GEORGE CLEEVE AND HIS TIMES. 155 

In the towns under the Gorges government discontent 
prevailed, while affairs at and about Casco Neck were 
thrivino:. The demand for lands which he s^ranted with- 
in the limits of his patent, and under authority from 
Rigby in other parts of the Province, was increasing 
with the advent of new settlers. The fine harbor w^hich 
la}'' spread out before his dwelling afforded a safe an- 
chorage for the many vessels whose business brought 
them into the neighborhood, indeed, the permanence of 
the Province of Lygonia seemed assured, when death, 
which is ever intermeddlinsr to mar man's brio^htest 
plans, stepped in and cut short the career of Alexander 

Rigby, the Lord Proprietor of the Province, 

Aug. 19, in the full flush of success."""^ The unwelcome 

1650. news of his patron's death must have reached 

George Cleeve in the autumn of 1650. 



ening of the authority of this Juris- 
diction, shall upon legall conviction 
bee punished according to law in 
those cases p'vided :" Early Records 



of l\ralne, Vol. I, p. 1G7. 

205. Vide Hist. Parochial Chapel- 
ry of Goosnargh, p. 147. 











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HE loss of his powerful patron embarrassed 
Georo-e Cleeve who was becomins: advanced 
in years. Josselyn and Jordan, his asso- 
ciates, were younger and ambitious. They had never 
sympathized with him religiously, and in the bitter 
contest which had been waged between them in years 
past he had been the victor. With the removal of 
Baron Rigby they naturally looked upon Cleeve as 
a dead lion. There was evidently no harmony of 
action between them after RIgby's death, and affairs 
which had gone on prosperously for a time in the Prov- 
ince were again disturbed. Add to this, Massachusetts, 
since the death of her great governor, had begun to pay 
careful attention to her northern boundarv, which bv her 
charter was three miles north of the source of the River 
Merrimack, and extended eastward from this point on the 
same line of latitude to the sea'"^ This claim occasioned 

excitement 



206. By tbe language of her Char- 
ter she was given all the territory 
"within the Space of three English 



Myles to the Northward of the River 
called Monomack alias Merrymack 
and to the Northward of any and 



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GEORGE CLEEVE AND HIS TIMES. 157 

excitement throughout the two eastern provinces, affect- 
ing equally those living under both the governments of 
Gorges and Rigby, and tending to induce co-operative 
action between these heretofore hostile sections. At a 

Court of the former government, it was " ordered 
1 65 1, y^ Mr. Godfrey, Mr. Leader & Mr. Shapleigh are 

with [in] 10 dayes tyme to draw out a petition to 
theparlament in y^ behalfe of this province for the further 
Confirmation of this p^sent Goverment here estab- 
lished.' '""^ This, it was hoped, would head off Massa- 
chusetts and secure them an independent government. 
What the action of the Lv2:onia o^overnment was we 
know not, as its records have not come down to us ; bj.it 
the petition referred to was prepared, and George Cleeve 
was the bearer thereof to London. By this action of 
Massachusetts, he was forced to act acrainst her and with 
liis former opponents in order to preserve the govern- 
ment entrusted to his keeping. Cleeve was selected as 
the most suitable person to bear the petition to Parlia- 
ment on account of his connection with the late Baron 
Rigby, whose influence, it was thought, would still exert 
an effect in his favor. The aQ-ents of Massachusetts in 
London were, however, watchful, and managed to defeat 

the 



every Tarte thereof and all Landes 
— whatsoever, lyeing within tlie 
Lyniiiis aforesaide North and South 
in Latitude and bredth, and in 
21 



Length and Longitude of and within 
all the Bredth aforesaide." 

207. Vide Early Records of Maine, 
Vol. I, p. 218. 



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158 GEORGE CLEEVE AND HIS TIMES. ; 

the petition by practicing upon the prejudices of Parlia- 
ment to the extent of making it appear that the petition- 
ers were royalists, while at home Massachusetts herself 
was vigorously pressing her claims'"^ against which God- 
frey was as vigorously protesting. 

To the protests of Godfrey Massachusetts, however, 

kindly but firmly replied, asserting her right to all 
1652. the territory south of the line which she claimed as 

her northern boundary.-"'^ In vain Godfrey again 
protested ; the Commonwealth sent their commissioners to 
meet him at Kittery and peaceably settle, if possible, the 
controversy ;"° but theconference was futile," and the com- 
missioners, in pursuance of the authority delegat(;d to 
them, issued a proclamation to the people of Maine that 
Massachusetts alone had the right to exercise authority 
over them ; promising protection to those who submitted 
to her authority and equal rights with those who had 
always been under her rule, at the same time absolving 
them from allegiance to the government of Godfrey. 

In 

208. In pursuance of her designs, I tude of the place 43°, 40', 12'-', besides 
Massachusetts appointed commis- those minutes allowed for the three 

sioners of survey to run out her [ miles further north which extend 



norlhern boundary, which they pro- 
ceeded to do and reported " tliat at 
Aquahatan, tlie head of the Merri- 
mack, where it issues out of the lake 
called VVinnepuseakik, on the 1st day 
of August, 1002, we found the lati- 



into the lake." 

209. Vide Hazard's Hist. Coll., 
Vol. I, p. 504-500. 

210. Vide Massachusetts Archives, 
Vol. 3, p. 187, et seq. 



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I 



GEORGE CLEEVE AND HIS TIMES. 159 

In the meantime George Cleeve in London was strug- ' 
o'linof to make headway ao^ainst the tide which was set- 
ting so strongly against him. His representations to 
Edward Rigby, the Baron's son, resulted in a letter being 
directed by the latter to Josselyn, Jordan and others of ' 
the Lygonia government, declaring all of their proceed- 
ings since his father's death illegal and void, on the 
ground that their commissions expired with him.'" ■'■■ 
These men were in full sympathy with Godfrey and 
others of the Gorges government, and were intriguing to 
place the Province under one government, as it existed 
before the purchase by Rigby of the Lygonia patent. ' 
This is not only revealed to us by this letter but by a 
petition to the Council of State in London, by Godfrey, 
that on account of the proceedings of Sir Ferdinando ■ 
Gorc!:es thev had. been forced to enter into " a combina- 
tion for government as appears by their remonstrance 
and petition of December, 1651. Since which time all ' 
acts of government have been in the name of the 
Keepers of the liberties of Englaudr''^ Against the pro- 
clamation of the Commissioners of Massachusetts God- . 
frey and his associates raised a loud clamor. A strong 
party in the Province was in active sympathy with Mas- 
sachusetts, realizing the advantages which they would 

derive 

211. Vide postea, Collateral Documents, No. XXIV. 

212. Hcfe Sainsbury'3 Colonial Papers, Vol. I, p. 302. . /' 



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i6o GEORGE CLEEVE AND HIS TIMES. 

derive from having her strong government extended 
over them/'^ Finding resistance fruitless, the inhab- 
itants of Kittery yielded submission to Massachusetts 
and received from her the coveted title of free men. 

Among those signing the articles of submission was 
Godfrey himself, influenced probably in some degree by 
his property interests which were involved, and which he 
soon brousfht before the Massachusetts Court for settle- 
ment. The submission of Kittery was followed by that 
of Wells, Cape Porpoise and Saco,''^ but the towns east 

of the Saco maintained their opposition. George 
1653. Cleeve returned home in September, landing in 

Boston, where he heard of the important e;/ents 

which had taken place. The Province of Lygonia, in 

which he was so deeply interested, was apparently blotted 

out, and many of her people had acknowledged allegiance 

to Massachusetts. To that power he at once appealed for 

an explanation of her acts, and as the document is of 

interest it is here produced."^ 

To 

213. Extract from a letter to Gov- 1 are desirous yt your acceptance of us 

ernor Endicott from Mr. Henry I?oad i might prevent tiiose expectations." 

of Wells, dated May 0, 1G.>3, urging } [Mass. Arch iii, 211.] 

the extension of the jurisdiction of | 214. FirZeMassacimsetts Archives, 

Massachusetts over Wells and the j Vol.3, pp. 188-2;].'). Early Records of 

■eastern towns : ' Maine, Vol. I, p. 241, ct seq. 

**" Some apprehend Mr. Cleaves 215. This letter, it will be seen, 



his returne to his seat agayne or 
rather desire it : niyselfe and others 



has no date. As it has been placed 
in the Massachusetts Archives it ap- 



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GEORGE CLEEVE AND HIS TIMES. i6i 



I 



To the Jioiicred viaigistrats and deptitis of the Massachti- 
scts Collciiie or poidnc ivhom thcs may Concearne. 

Gentle men «& honored worthls it Is not unknown to 
many of you that Collenell Rigby one of the Barans of 
the Comonwelth of England p^sedent of Ligonia hath by 
his comission deputed raee to be his deputy for the Gov- 
ernment of that pvinc for this many yeres past the Bunds 
& llmmits of which pvinc hath bin set forth in sevarall 
Comishions & othar Instruments as well from the Crowne 
by the Councell of plymoth as allso sevarall Confirma- 
tions by the parliament & Councell of stat to thes tyms 
psent & sine the decease of the said Baran Rigby that 
pvinc is descended vpon his soonn Edward Rigby Qf 
Greais Inn Esqu"" who hath allso deputed mee by his 
Comishion «^ hath appointed mee to Somon a Genarall 
assembly of all the villiges in that pvinc from the Rivar 
Sagadiehock to the west side of preston or wells which I 
shall spcdelie doe forthwith vpon my Coming home to 
nu' house vnlcs I shall be covntarmanded bv vou who as 
I vndarstand haue challenged that pvinc or a great 
part thereof to be within yo^ pattaint & haue Subiected 

the 



jxjars to have been written in 1G02, 
but .1 sliKly of it shuws conclusively 
ll>at it cou'.d not have been written 
then, as it dues not fall in with the 
circumsLinces of tliat time, while it 
bears internal evidence of havinj; 



been written upon Cleeve's landing 
in Boston after his return from Eng- 
land and upon the eve of his "spedie 
Intended voyag " to his home in Fal- 
mouth. 



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i62 GEORGE CLEEVE AND HIS TIMES. 

the people to yo^ Gouerment notwithstanding ther for- 
mar sopmishon & Ingaigment by oath to the Constitu- 
tions of that pvinc. 

T shall therfore hvmbly desire this honered assembly 
to giue me a fvll answer in writting of yo^ Intentions & 
pseds herein that I may be enabled to giue a true nara- 
tive to my svperiors without any mistakings that sopeac 
& loue may be continved amongst our selves here, and 
if y^ may be that Contentions by suts in Lawe or farthar 
Complaynts may be obstructed in England betwene this 
Collonia or pvinc Sc our p^sedent or any othar whom it 
may Consarne. 

And Lastly my humble Requst is that a favarable con- 
struction may be put vpon my self & what I haue here 
writen being sodently done with out any advice or p^- 
meditatlon in Regard of my spedie Intended voyag to 
my howse desiring allso to be excused for p^sentlng It In 
so Rude a caractor haueing no othar Scrib then my- 
selfe all which being Granted I shall willingly Subscrib 
my self to be yo^ most humble 

Sarvant 

GEORG CLEVE 

To this, Massachusetts made a brief, firm and explicit 
statement of the steps she had taken,""" yet George 

Cleeve 

216. Vide postea. Collateral Documents, No. XXV. 



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GEORGE CLEEVE AND HIS TIMES. 163 



Cleeve determined to oppose the encroachments of his 
powerful adversary, and again he found himself acting 
with Josselyn, Jordan and others w^ho were instinctively 
his opponents. He was fighting for the preservation of 
the Province over which he had been placed by Rigby, 
whose rights were certainly in his eyes equitably unas- 
sailable, as well as for his own property which he had 
enlarged by a grant from Edward Rigby of one thousand 
acres of land adjoining his old patent. And even look- 
ing at the case from our standpoint of to-day, we must 
take the same view, if we leave out of sisfht the charter 
of Massachusetts. The patent of the Company of Hus- 
bandmen had priority of date in its favor,-'^ and th<^ 

legality 



217. Unfortunately tliis patent has 
disappeared, but important portions 
of it have been preserved. We are 
told by Hubbard that to Cleeve as 
agent for Rigby, " Mr. Richard Duin- 
uier was ordered to deliver the origi- 
nal Patent, which accordingly he did.'' 
We are also informed by Jeremiah 
Dummer, Richard's son, in a petition 
bearing date December, 1GS3, that the 
patent was "ordered home for Eng- 
land," but he docs not .^tate at what 
time. It is probable that both of 
these statements are correct. The 
members of the company who came 
in the Plough appear to have be- 
longed to a religious sect which 
sprung up in Holland about the mid- 



dle of the sixteenth century, entitled 
Fatnllists, a name derived from the 
word family on account of the fact 
that they professed to be one family 
in Christ, united together in the bonds 
of mutual love to the extent of hold- 
ing all things in common; indeed, re- 
ligious communists. As might be 
expected, the communistic idea which 
has found adherents in all ages and 
which has flourished fitfully in many 
motley habiliments, failed in this case, 
as in others, to hold individual sellish- 
ness in subjection, and when the aged 
Stephen IJachiler, whose career was 
so unfortunate, came over to be their 
pastor, the little tlock which had pre- 
ceded him had " vanished away," to 






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i64 GEORGE CLEEVE AND HIS TIMES. 



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legality of its assignment had never been successfully 
brought in question. It is true that when the deed of 
assignment came before the Massachusetts o-overnment 
for arbitration, it was objected that but two of the orig- 
inal grantees had put their hands to it, but this question 
was never pressed against it afterwards. We have no 
reason to doubt that the patentees who assigned to 
Rigby had full power so to do. Rigby was a lawyer and 
would have been careful to get a good title to a property 
of so much importance ; besides, the commission ap- 
pointed 



use the familiar but grapliic words of 
Winthrop. Just how long the settle- 
ment existed we know not- Win- 
throp's statement is that the Plough 
*' arrived at Nantascott " bringing 
"ten passengers from London. They 
came with a patent to Sagadahock, 
but, rot liking the place, they came 
hither." Knowing Wintlirop's habit 
of sometimes compressing within the 
limits of a brief paragraph, events 
■which covered a considerable space 
of time, we should not be hasty in 
inferring that the colonists merely 
took a glance at their possessions on 
the Maine coast and then sailed to 
Boston, where they separated. We 
are told by Sullivan, who gathered 
his inforniation from a manuscript 
said to have been in Governor Hutch- 
inson's collection of papers, " that in 
the year 1000, Bryan Urincks, John 
Smith and others went into New- 



England and 'settled themselves in 
Casco Bay, near unto the south side 
of the Sagadahock, and l^^id out sev- 
eral sums of money there, made laws 
and constitutions, &c., for the gov- 
erning said province," and William- 
son says that they " tarried one year 
only," which is evidently an infer- 
ence from his study of the subject, 
but entitled to consideration in the 
absence of proof to the contrary. 
All this, however, is vexatiously un- 
satisfactory, and it is to be hoped that 
something will yet come to light 
which will give us a better knowl- 
edge of the Company of Husband- 
men and their interesting adventure 
to the coast of Maine. Vide Hub- 
bard's Indian Wars, Vol. II, p. 88. 
Folsom's Saco and Biddeford, p. 32G. 
Sullivan's Maine, p. 311. William- 
son's Maine, Vol. I, p. 239. Wiu- 
throp's Journal, Vol. I, p. G9. 



T (-•'^ 






T 7 



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GEORGE CLEEVE AND HIS TIMES. 165 

pointed by Parliament, at the head of which was the 
" thrice honored " Earl of Warwick, had carefully in- 
vesti^rated Ri^bv's title, and it had been confirmed to 
him by the supreme power of the realm, and, moreover. 
he had been in defacto possession for eight years. No 
act of his nor of Parliament which confirmed his title, 
had impaired it. Cleeve, however, had an unequal fight. 
With the people about Casco Bay the feeling against 

Massachusetts was intense, especially among 
1654. those who differed with her religiously. In 1654, 

Robert Jordan being in Boston, whither he had 
gone in a vessel, was arrested and thrown into prison. 
A petition for release from him may still be seen in the. 
Secretary of State's ofiice in Boston, dated November 8th, 

1654, in which he warmly declares, that he is "A prisoner 
by the violence of his adversary.""'^^ Cleeve continued his 
resistance, and personally presented a petition of the in- 
habitants dwellinor in and about Casco Bav to the Court 
in Boston, regarding the validity of the Lygonia patent. 
To this petition Massachusetts was civil and gracious, 

setting forth patiently and definitely the grounds 

1655. of her claim to jurisdiction, and declaring all acts 
not sanctioned by her illegal."^^ At the same time 

she 



218. VxiU Mass. Archive.^;, Vol. 38, 
p. 207. His petition is dated "from 
ye prison bris, 8 uo (51) " and sub- 
scribed, " Your most Denoted & Sub- 

22 



jugate scruant & prisoner, Robert 
Jordan." 

219. Vide poslea, Collateral Doc- 
uments, No. XXVII. 



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i66 GEORGE CLEEVE AND HIS TIMES. 

she declared that she had not endeavored to infringe the 
liberties of the planters but had extended to them the 
same benefits of government which her own people en- 
joyed and upon equal terms with them. Edward Rigby 
was striving to get Parliament to act in his favor, but he 
had not the influence of his father. Parliament was 
almost overwhelmed with peplexing questions at home to 
settle, and could hardly spare time to investigate the con- 
flicting claims of Gorges, Rigby and Massachusetts ; be- 
sides, the latter had able and influential agents in Lon- 
don, vigilant and careful, who turned everything to her 
favor. Besides priority of title, which" was hers' by no 
forced construction of her charter, her agents ui;ged the 
benefits which would accrue to the inhabitants of the 
"eastern parts " who had been living in disorder, by com- 
ing: under her excellent sfovernment. Neither the heirs 
of Gorges nor Rigby could establish order in the prov- 
inces which they claimed, and they were in no condition 
to Cfovern themselves, as certain rovalist malcontents 
desired. The position of Massachusetts was therefore a 
strong one, and though she politicly instructed her agents 
abroad to pursue a conciliatory policy,"*" she firmly as- 
serted 

220. "If any complaint be made i make the best answers you may, for 



by Mr. Kigby concerning our clayme 
by virtue of our patent, as intrench- 
ing upon what he calls the province 
of Ligonia, you may for the present 



the reasons exprest inouranswere 
given Mr. Cleaves agent, a copie 
whereof we herewith deliver you, 
which if it satisfie not, you may 



:: 1 i I 



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V. I" "• 



GEORGE CLEEVE AND HIS TIMES. 167 

serted her rights in the eastern provinces, going so far as 
to order the authorities of Wells to seize Cleeve or any 
of his agents who should disturb the peace, and send 
them under s^uard to Boston. 

It may be said of the people of Maine at this time, 
that they were divided into but two parties. A 

1656. portion — and the smaller portion certainly — de- 
sired to see the Gorsres sfovernment restored, 

o o 

while the larger body of the people preferred a popular 
government, strong and equitable, like that of Massachu- 
setts, hence a considerable number of the inhabitants of 
that portion of Maine which had affected loyalty to 
Gorges petitioned Oliver Cromwell, praying that thev 
misfht be continued under the o^overnment of 

1657. Massachusetts."' This desire for orderly and 
stable government rapidly spread, and Massachu- 
setts pressed forward to establish her jurisdiction over 
all the territory claimed by her. To this end she ad- 
dressed a letter to Josselyn and Jordan informing them 
that she had received complaints for want of government 
east of the Saco and had heard of attempts to disturb 
the peace of the people of Saco and Wells, which she 
had "winked at," expecting final submission. She re- 
quested 



crave libertie for our further answcre. 
•' By the court, 

" Edward "Rawson-, Secretanj. 
"Boston, 23d of November, IGuo." 



221. Vide Massachusetts Archives, 
Vol. 3, p. .'342. 



i68 GEORGE CLEEVE AND HIS TIMES. j 

quested them to meet her commissioners at York, and 
contribute their assistance in settlins: 2fovernment in 
" those parts beyond Saco to the vtmost bounds of our 
pattent," as this " would conduce to the good of those 
parts which is a principle scope and desire of the Gen^i 
Court of the IMassachusetts.""'' Josselyn and Jordan not 
appearing, the commissioners summoned the inhabitants 
to appear at the general Court at Boston, October four- 
teenth. This summons was disregarded, but George 
Cleeve replied, not in person, as he probably did not dare 
to go to the " Bay," but by a protest against the legality 
of the proceedings which Massachusetts had taken and a 
resolution of the inhabitants not to submit to her authori- 
ty. To this Massachusetts made a " declaration 8c 
protestation," to the effect that she should " surcease any 
further prosecution," but that she should not be held re- 
sponsible for any damage which they might suffer for 
want of c^overnment which she had endeavored to 2five 
them.""^ This protestation was not without its effect. . 
The people were suffering for want of regular govern- 
ment, and complaints of disorders among them were 
constantly reaching the Massachusetts magistrates. The 
result was another commission, composed of the magis- 
trates 

222. Fi'ie postea, Collateral Documents, No. XXVIII. 

223. Vide Ibid, "So. XXIX. 



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GEORGE CLEEVE AND HIS TIMES. 169 

trates of Yorkshire, which was ordered to pro- 
May 26, ceed to the rebellious district and "take in the 
1658. inhabitants thereof into our jurisdiction." The 

Court assembled at York July fifth, and ad- 
journed the eighth, to meet four days later at the house of 
Robert Jordan of Black Point, where officers for each 
town were chosen. Henry Josselyn was chosen a com- 
missioner for Scarborough and George Cleeve and 
Robert Jordan, commissioners for Falmouth, as Casco 
Neck was now called. On the next day the inhabitants 
signed their submission to Massachusetts.""* 

224. F/Jepostea, Collateral Documents, No. XXX. 




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HE government of Massachusetts was now es- 
^|j; tablished in Maine, and her commissioners, ap- 
pointed " to settle civill government in the 
easterne parts," reported to her General Court the suc- 
cessful result of their labors."^ The leaders ef the oppo- 
sition to her authoritv she had made her officers, and their 
positions were quite as influential, though not as free as 
they had been at any previous time. ^ . 

With the settlement of government by Massachusetts 
her Courts were open to litigants, who hastened to take 
advantage of the privilege afforded them. Cleeve soon 
had occasion to regret his generous treatment of Jordan 
in the settlement of Winter's estate, whereby the prop- 
erty of the Trelawny heir in England was turned over 
to Robert Jordan. We have seen with what persistency 
a claim to Casco Neck, altogether without foundation, 
had been urged by Winter and how this was settled 
finallv in Cleeve's favor seventeen vears before the date 

of which 

225. YkU postea, Collateral Documents, No. XXXI. 



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its 



GEORGE CLEEVE AND HIS TIMES. 171 

of which we are now writing; yet Jordan, upon coming 
into possession of Trelawny's rights, had revived the 
idea of getting possession of the Neck. To this end he 
bent all the energies of a strong and acute mind backed 
by an indomitable will. The first mesh of the web which 
he began for Cleeve s destruction was an artfully pre- 
pared right to erect a saw-mill on the Presumpscot River, 
which was harmless enough in appearance to enable him 
to o^et the si2:nature of Tucker to it."^ In this rio^ht he did 
not use the title by which the river was commonly known, 
but substituted the name Casco, to support the old theory 
that this was the true name of the river. Tucker, who 
was an illiterate man, probably did not notice this, or if , 
he noticed it, did not perceive the design in it, for he 
was a joint owner with Cleeve in the patent, and we 
must not suppose him to have been foolish enough to 
knowingly give an old enemy whom he had always 

opposed, 

226. Know all men by these pres- | being present in Court Confessed 
ents that I Ricliard Tucker, do author- ! this to be his act. 
ize Mr Robert Jordan to make use of i Tiio: Danfortii. 



laud adjoining to y© falls of Casco 
river above }>U ]\[ackworth's and 
there to Errcct &, build a Saw mill or 
mills as he Shall Se Expedient not 
tnkeing above one hundred acres of 
land to his use. 

In witness of these presents I have 
subscribed my hand this Uth of Septr 
1657. 

York 6, 5th, 59, M^ Rich'l Tucker 



Witness 

EiCHD Waldron 

KOBX POTTESIIAL 

Vera Copia Transcribed out of y© 
original. 

p Edw. Risiiwortii Record. 
Recorded acording to ye Coppy as 
above s^ Nov"^ 7th 1717 

p Jas : Hamond Regr. 
Y. C. R. 8, 2U. 



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172 GEORGE CLEEVE AND HIS TIMES. 



opposed, the power to dispossess him of his property. 
The next mesh was an ao-reement from certain inhab- 
itants in the vicinity that they would not oppose him 
in erectins: a saw-mill and cutting: lumber for it on the 
banks of the river. 

This document was prepared with Machiavelian ingenu- 
ity. The pseudo right derived from Trelawny was men- 
tioned in a way which would escape any but critical notice, 
while certain other rights — the one from Tucker, and 
even one claimed to be derived from Cleeve himself — were 
made the text of his argument to persuade them to grant 
his request. These other rights were, however, second- 
ary and important only " in such case as it sh^ll be' 
made duly and legally appear, the said right and priv- 
elege to be invalid," that is, the pseudo right derived 
from Trelawny, which he claimed to have " in himself.""" 

Even 



227. To the Inhabitants of Ca?co 
Bay Love presented * « » * 
Whereas yor neighbr Robert Jordan 
& others out of proncity to the publick 
good &. for yo reconciling of trade in 
those parts have Indeavered &. assay- 
ed to Errcct a Sawmill at their great 
Charge all or y^ most whereof hcth- 
erto hath come to remediless damage 
through Some obstrucLions &- a death 
put upon s^ work .i. design, the s>l Jor- 
dan doth to you hereby declare that 
as he resolveth he in himselfe hath a 
right Si, priviledfje to & in ye s^ land 



for ye Errection of Such a vrork but 
in Such Case as it shall bo made duly 
& Legally appear ye sd right and priv- 
iledge to he Livalid then ye s*! Jordan 
hath a right & Privilege there by y« 
Consent and allowence of Mr Kichard 
Tucker under his hand to Such right 
he pretendcth to or may have there 
also ye s^l Jordan by vertue of a 
Covenat made wth John riiillips hath 
a right & privikdge to & in ye sil place 
for Erreciion of ye s<l Mills in refer- 
ence to ye pretentions of a ri^'ht there 
from Ml" Cleeve by verLue of a Con- 



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GEORGE CLEEVE AND HIS TIMES. 173 



Even Mitton, Cleeve's son-in-law, signed this document, 
probably not realizing its scope, for, as in the case of 
Tucker, we cannot suppose him to have been weak 
enough to have wilfully become a party to the disinheri- 
tance of his wife. It is true that he may not have been 
upon ardent terms of affection with his father-in-law, 
since the wrons^he had done his wife vears before would 
have been likely to create coldness, but this cannot be 

reasonably 



tract with him, all which being not 
now to be disputed. The s'l Jordan 
desireth of you in regard of ye pres- 
ent disolalion we stand in that you 
would as you Se Cause and reason by 
yor Subscriptions Declare whether 
ye s^ Jordan may have or hath yor 
free Consent &. allowence to go on «i 
perfect ye s*l work & fell Timber for 
ye work & effects thereof with other 
Conveniences in peaceful! manner 
without violence or opposition rend- 
ering himselfe willingly Satisfactory 
to such person or persons in future 
who Can or shall Justly make it ap- 
pear that are or have been unduely 
Injured by his so doing or otherwise 
that you would declare yo^ reason- 
able Exception. 

Presented by me Robert Jordan &, 
Interlined before Subscription June 
18ih lOOS 

Consented to by us 
The mark of John Wallis W 
The mark of Tuo : IIanfoud X 



ROBKRT CORBIN 

Tho Greixley his -f mark 
Joiix Sakoes 
Tho : Hains 
Francis Neale 

m 

IMlCHAEL MiTTON' 

Natiii- Wallis his mark W 
Nicir. White 

Wm IlVALL 

Jane Mackwortii her \ mark 

Tho: MoRRiNCE his oo mark 

Ja5ies Andrews 

Gyles Roberts his R mark 

RiCH» Martyn his X mark 

Sampson Penly 

Joseph Phippen 

Vera Copia Transcribed out of ye 
Original & Compared this 15tli Augt 
16.39 

p Kdw : RisinvoRTi! Record'" 

Recorded according to y^ Coppy as 
above Nov. 7, 1717. 

p Jas : IIamond Rgr. 
Y.C.R. 8, 244. 



174 GEORGE CLEEVE AND HIS TIMES. I 

reasonably made the ground for his signature to Jor- 
dan's paper. It seems more reasonable to suppose that J 
he signed it, as most men usually sign .petitions, unthink- j 
ingly. ' I 

Having established himself on the Presumpscot or i 
Casco, as he called the river, with the agreement from the in- ■ 
habitants not to molest him, Jordan forthwith claimed the 1 
territory under the old Trelawny patent. This new claim j 
by Jordan startled George Cleeve and increased an hun- 
dred fold the bitterness which he felt against his clerical ; 
antagonist. One by one his old enemies had dropped ] 
out; Winter and Trelawny were dead and Vines and God- 
frey had departed the country never to return ; bijt here ■ 
was an antagonist in the prime of life, more tenacious i 
and uncompromising than any he had yet encountered; 

one in whose hands he had placed a weapon for his own j 

■J 

hurt. Cleeve, however, was not a man to yield without j 
a struggle, and a most bitter warfare was begun. j 

It may be well to note here the position of Cleeve \ 
and Jordan at this time. At the October session 
1658. of the Commissioners of the General Court of 
Massachusetts, their powers as Commissioners — 
both having been made such the preceding July — were 
defined. They had granted to them the power to try 
causes without a jury "within the libertyes of Scar- 

borouoh 



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GEORGE CLEEVE AND HIS TIMES. 175 

borough & Falmouth not exceeding the value of fifty 
pounds," and also " magistraticall power to heare and 
determine smale causes — whether they be of a civil or a 
criminall nature" — and to "graunt warrants, somons 8c 
executions if neede require, & haue power to examine 
offendors & comitt to prison " — also any three of them 
could "impowre military officers under the degree of a 
captaine — solemnize marriage — graunt letters of admin- 
istration," and " receive probats of wills." These w^ere 
some of the important powers bestowed upon the Com- 
missioners, but Jordan had larger authority granted him 
namely, *' magistraticall power throughout the whole 
County of Yorkshire.""^ The energy and ability of thp 
man were known to Massachusetts, and with her usual 
policy she desired to make it for his interest to support 
her authority. 

The first step which Cleeve took to meet Jordan's 
claim was to sue him for a breach of the bond of 
1659. arbitration, which had been made between Win- 
ter and himself, June 28, 1641. In this bond 
both parties had bound themselves in the sum of a thou- 
sand pounds to abide by the award of the referees who 
confirmed Cleevc's title. Not thinkincr that this would be 
decisive he withdrew it and bccran another " action of 
Interruption — for making demands [of] Certen Land pur- 
chased 

22G. Vide postea, Collateral Documents, No. XXXII. 



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I. 



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176 GEORGE CLEEVE AND HIS TIMES. 



chased by great somes of money, & possesed by order of 
former grants this 27 yeares."-"^ Cleeve, by notpressing 
his first suit and subsequently introducing this, evidently 
desired to have the question of title settled beyond a per- 
adventure and as speedily as possible. It was a bold 
step and such as a man having full faith in the legality 
of his position would naturally have taken. To this suit 
Jordan made the old answer of Winter that " that 
which Mr. Cleve and the Jury took for Casco river to 
be but a creek, into which we saw but one little brook 
to run, but the other which Mr. Trelawny takes for Casco 
river to be the river, it hath its issue out of a great 
pond, named Sabadock.-^" Besides this Jordan produced 

the 



229. Att a Court liouMen at Yorke, 
for the County of Yorke Sliyre on 
Munday the 4th of July, IG-V.), by the 
Worshipll Cupt. Thomas Wiggiii & 
Tbo: Danfortb, Magestrats. Major 
Nic: Shapleigh, Mr. Abra. Treble & 
Edw: liishworth Re: Cor. Assotiats. 
Severall Actions Katred. 

Mr. Geo: Cleeve is plantifl'e In an 
action of the Case to the valew of one 
thousand pounds sterling: Contra 
• Mr. Robert Jordan defendt. for breach 
of an assumpsett of a bond of 1,000 
pounds, which Mr. John Winter En- 
tred into to stand to the arbitration of 
severall p^sons. Withdrawne. 

Mr. Geo: Cleeve is plaintilie In an 
action of Interruption. Contra Mr. 



Robert Jordan defendt. for making 
demands Certen Land purchased by 
great somes of money, &, possesed 
by order of former grants this 27 
yeares. 

The Jury finds for the defend^. 
Coste of Court being fivety shillings. 

2.30. The Sebago. This beautiful 
lake which supplies the City of Port- 
land with pure water was known to 
Europeans at an early date. The 
etymology of Sebago is said to be 
great water. Josselyn thus alludes 
to it. "Twelve mile from Casco-btuj 
and passable for men and horses, is a 
lake called by the Indians Sebu^j, on 
the brink thereof at one end is the 
famous Rock shap'd like a Moose- 



V <\i^ (':/.r •iv^i'ijo 



GEORGE CLEEVE AND HIS TIMES. 177 



the deposition of Roger Willine, taken December 7th, 
1658, to the effect that many years before he had rowed 
up the Presumpscot river to the falls "Called Casco 
falls," and seen Vines deliver possession of lands there to 
Winter/^' Strange to say, Jordan was successful in this 
case. He also, in another case entered at the same 

Court, 



Deere or Helk, DiapLanous, and 
called the Moose-Rock. Here are 
found stones like Crystal and Lapis 
Specularis or Muscovia glass, both 
white" and purple." Vide Two 
Voyages to New England, p. 155. 
The wonderful minerals were quartz 
and mica. The latter was used by the 
Russians for windows and hence was 
called Muscovy glass. The certifi- 
cate quoted from is as follows : 

"Cektificate of Casco River. 

We have, according to our Lord 
Proprietors command, viewed the 
land in difference between Mr. Tre- 
lawny and Mr. Cleaves and we find 
that which Cleve & the Jury took for 
Casco river to be but a creek into 
which we saw but one little brook to 
run, but the other which Mr. Tre- 
lawny takes for Casco river, to be the 
river, it liath its issue out of a great 
pond called Sabadock; the river is of 
a reasonable depth and breadth by 
the relation of the ancient inhabitants 
and natives ever to have been called 
Casco river. Thus much have sve 
certified the Lord of the Province, to 



whose determination we have re- 
ferred it. , ^ , 
Tho. Gorges, 

Richd Vines, 
Henry Jocelin. 

This is a true copy of the certifi- 
cate that Mr. Gorges, Mr. Vines & I 
have sent to Mr. Trelawny, attested 
by me, Henry Jocelin, his oath takerf 
ia Court. 

Edw. RisriwoRTH, Rec. 

Vera Copia transcribed out of the 
original & compared this 13th of 
August, 1G59, pr Edw. Rishworth, 
Rec. (This is the date when Rish- 
worth, by order of the iLassachusetts 
Government collected all the docu- 
ments belonging to the Province.) 

Recorded according to the copy as 
above, Nov. 7, 1717. 

A true copy from York Co. record 
of deeds, &c., lib. 8, fol. 214. 

Att. Danl. Moulton, Reg." 

201. "The Deposition of Roger 
Willine aged — about 20 one or Twen- 
ty 2 years agone he helped to row up 
ye river which runcth by Mrs Jane 
Mackworth's to yc falls Called Casco 



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178 GEORGE CLEEVE AND HIS TIMES. 



Court, recovered judgment against Cleeve for debt, 
amounting to ten pounds and ten shillings. 

In several suits brought by Cleeve before this Court 
against persons for trespass, he was also unsuccessful.'^' 
Besides these suits for trespass was one for debt against 

/Q7Z7 Q qJ& Thomas Elbridge, of 

^22^7ft<2^ C /C^7 ^^^^^ Pern aqu id, which was 

^^ CT"^ J >^^^^ defaulted ; but in three 

counter-suits brought by Elbridge against him, verdicts 

were entered in favor of the plaintiff. The first of these 

actions 




falls Mr Rich*!. Vines Mr Arthur 
Mackworth M^ Jno. Winter M^" Hen- 
ry Abilie with divers others whom be 
hath foreoten where he saw Mr Rich- 
ard Vines Deliver unto Mr Jno Win- 
ter posession of ye Land and falls 
there by Turfe & Twigg. 

" This Deposition was Taken ye 7th 
day of Decembr lOoS. 

" Before me 
"Francis Neale, Comissionr. 

"Sworn in ye presence of 

" Isaac Walkeij. 

" Vera Copia Transcribed out of yo 
original & Compared. 

"p Edw: RisHwoRTir, Recordr. 

" Recorded according to y® Coppy 
as above Novembr 7^^ 1717. 

"p Jas. IIamond Regr. 

" Y. C. R. 8, 240." 

232. " Mr. Geo. Cleeve is plantiffe 
In an action of the Case Contra 



Francis Smale defendt. to the valew 
of five hundred pounds for praesurae- 
ing to settle & build upon tbe plan- 
tiffs Lands, & for felling of his Tym- 
ber from thence without Leave. 

The Jury finds for the defendt Costs 
of Court 37s. 

Mr. Geo. Cleeves is plantiffe In an 
action of Trespasse & Interruption, 
Comitted upon y® plant's Lands. 
Contra Jon Phillips defendt. 

The Jury finds for the defendt. 
Costs of Court 35s. 

Mr. Robert Jordan is plantiffe In 
an action of debt due upon accompt. 
to ye valew of 20.£ upon accompt. 
Contra Mr. Geo. defendt. 

The Jury finds \<d£. 10s. Od. for the 
plantiffe & Costs of Court fivety shil- 
lings." Early Records of Maine, Vol. 
I, p. 31G. 



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GEORGE CLEEVE AND HIS TIMES. 179 



actions was for debt, and the amount awarded was fifty 
pounds. The second was for defamation, and the third 
for battery.'" Cleeve, probably feeling that he could 
not obtain justice, for he afterwards complained that 
Jordan being one of the associates carried the principal 
case against him, did not respond to the two latter suits. 
His influence, however, was sufficient to cause him to be 
chosen a commissioner for Scarborough and Falmouth 
for the ensuins: vear.'^^ Nevertheless his enemies were 
bitter against him, and the disputes regarding his title 
invited adventurers to trespass upon his lands, while 

they 



2o3. Mr. George Cleeve is plan- 
tiffe In an action of debt to the valew 
of five hundred pounds. Contra Mr. 
TUo: Ellbridge Defendt. The de- 
fendt being Legally Called &. not ap- 
pearing is non-suited. 

Mr. Thomas Ellbridge is plantiffe 
In an action of the Case for debt to 
the valcw of Tenn pounds pf anno: 
Contra Mr. George Cleeve defend^. 
The Court grants the plantiffe costs. 
The Jury finds for the plantiffe lively 
pounds for five yeares due to him & 
Costs of Court. 

Mr. Thomas Ellbridge is plantiffe 
In an Action of Defamation soe high 
as five hundred pounds, Contra Geo : 
Cleevcs defendt. The defendt being 
Legally Called made noe appeare- 
ance. The plant: is granted his 
Costs. And the Jury finds for him 



fivety pounds Sterling, or that ye De- 
fendt shall make an acknowledg- 
ment of his offence for ye wrong 
done to him by s^. Geo : Cleeve, wr 
this Court shall see meete to appoyut. 
Which is in the prsencc of this Court 
&. at Cascoe the next publique Meete- 
ing, hee haveing notice given him 
thereof. 

Mr. The : Ellbridge is plantiffe In 
an Action of Battery, Contra Mr. 
Geo: Cleeve Defendt. to ye valew of 
one hundred pounds, for strikeing of 
him. 

The defendt. being Legally Called, 
made noe appearance. 

The Jury linds for the defendt- 
Costs of Court. — Which Costs in all 
the three Actions comes too = 8, 4= 
Early Records of Maine, Vol. I, p. 
318. 



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i8o GEORGE CLEEVE AND HIS TIMES. 






they greatly disturbed those who had taken titles from 
him and were improving their property. At the elec- 
tion of magistrates, Jordan and others unfriendly to him 
being candidates, he refused to vote, saying contemptu- 
ously " that if the people would voate for Mis Clarke to 
bee a witch hee would voate," meaning that it would be 
less ridiculous for them to do this than to vote for such 
a man as Jordan to be a magistrate. For this he was pre- 
sented, his son-in-law Mitton being a witness against 
him with Jordan. One of his over zealous adherents 
was also fined for "flinging Mr. Jordan's voats on the 
ground," and "for casting aspertions lipon authority." 
In these brief records, we may see the disturbed ^tate of 
the public mind.'^^ While the larger, and perhaps bet- 
ter 



2oi. George Cleevcs chosen, alt a 
Court holdea July 4, 1009, one of the 
Comissionrs for Scarborough & Fal- 
mouth. Early Records of Maine, 
Vol. I, p. 319. 

235. Joseph Phippeniiy p^sented 
for breedeing a disiurbaiice in the 
Towne Meeleing, by flinging Mr. Jor- 
dan's voats on the ground. 

Jos. Phippenny prsented for casting 
aspertions upon authority to the 
greate disturbai.ee of the poacc of the 
Towne. In reference to a Letter of 
advise from Mr. Jocelin & Mr. Jordan 
To Mr. Geo: Cleeves *i Mr. Francis 
Neale. 

Jos. Phippeuny fined 10s. for his 



offence, paying ye officer's fees, is dis- 
charged. Witnesses Natha^l Wallis, 
Mr Michacll Mitten. Early Records 
of Maine, Vol. I, p. 328. 

Mr. George Cleeve prsented for de- 
nying to voate for Magestrates & for 
saying if the people would voate for 
Mis Clarke to bee a witch, hee would 
voate. Witnesses Mr. Jordan, Mf. 
Neale, Mr. Mitten. Early Records of 
Maine, Vol. I, p. 329. 

George Cleeve, witness in the case 
of Isacke Walker, of Boston, prsented 
for being drunke three scverall Tymes 
In one day, & severall Tynis sever- 
all dayes after & before. Early Rec- 
ords of Maine, Vol. I, p. 331. 



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GEORGE CLEEVE AND HIS TIMES. i8i 

ter portion of the people of the Province was in favor 
of livina: under the strons: arm of Massachusetts, manv 
were discontented and bitterlv hostile to the Puritan 
Commonwealth, on account particularly of her compul- 
sory religious laws which made non-attendance upon 
public worship a punishable offence. At this time 
Cleeve began making large sales of his property for ap- 
parently insignificant prices.^^*^ The claims of Jordan 
doubtless depressed the value of his landed property, 
making: it advantacreous for adventurous investors to 
purchase. Cleeve having lost his action for interruption 
against Jordan, at once petitioned to the General Court 
of Massachusetts for redress, and a commission was ap- 
pointed for a final ending of the controversy.'-^^ In the 
meantime Edward Rigby and Ferdinando Gorges, the 

grandson of 
Sir Ferdi- 
nando the 
former Lord 

Proprietor of the Province, assisted by Edward Godfrey 
who was in England, and Robert Mason, the grandson 
of the associate of Sir Ferdinando, all of whom were 
hostile to Massachusetts, were actively pressing their 
claims upon Parliament. 

The 

200. RtZe postea. Collateral Documents, No. XXXIII. 
2U7, F<Je /6/(Z. No. XXX^V^ 
24 







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182 GEORGE CLEEVE AND HIS TIMES. 

The troubles occasioned by Jordan's claims which he 
was most aggressive in pressing, caused great alarm, 

some of the people to make peace and obtain 
1660. security taking titles from him. The following 

petition of the inhabitants will show the condi- 
tion of affairs existing inFalmouth. : 

To tJie Honcrcd Gencrall Coicrte 7iow assembled att Bos- 
ton 30 may 1 660 the humble peticon of some of the 
destresed in habctance of the tozune of ffalmotJi^'^ 

The humbell desier of your pore peticeneres hoping 
that you will take it in to seres consideration our pres- 
ent condicion that we stande in respecte of the pre- 
tended patenes and clames that Mr. Robert Jordan and 
Mr. Georsre Cleues laies Claime to So that much tro- 
bell Cometh to ous sueng men to Cortes as Witnes 
the many sutes and acones at cortes and are still 
2oen one a Q;ainst ous and other tretened a s^ainest So 
that We are much destracted in our afares and know 
not what We shall doe in thes our trobeles only our 
les'^'' ar to god and you that you old be plesed to 
conseder our Condicon and destractiones that We ar in 
arid that it will be the overthroe of thes hopfuU begin- 
ens that is a monc^est ous 2fod hauino: be 2:one to anser 

our 

238. VuU Mass. Archives, Vol. 3, p. 248. 

239. Eyes. 



r3uv^ cin azy. '. 



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GEORGE CLEEVE AND HIS TIMES. 183 

our prayeres and to send ous a faithffull dispencer of the 
Word to ous for wich We desier to bles god for and we 
hope shall in Joy if these destractiones doe not discoreg 
hem therfor our oumbell reqest is to this onered asembe- 
ley that you old be plesed to take it in to concideration 
our present Condicon for Iff that Mr Jordenes paten 
and claime hould with Mr Cleues the toune is ouer 
trowen and noe man shall in Joy what he hath labered 
uppon and posesed ownley it be vppon ther teremes and 
at ther Wiles and plesueres but we hope that we shall inioy 
our preueleges and towne a fares with the rest of the 
townes in the Dueredicon^'*° thes not to trobele your 
oneres no farther but leue the Case to god and you hop- 
ing for a Comfirtabell anser we Remaine youres in all 
faithfullnes 

PniNiHAS [Rider] Nathan W^allis 
George Ixgersoll Thomas [Cellex] 
George Lues Humphrey [Durham] 

Joseph Phippen John Walles . ,• 

Nicholas [Wite] 
ifalmouth pet Entred & 2s 6^ secured , . , 

• • 1660. ' . ' ' '•'':,.■ 

The deputies before whom this petition came, after 
due consideration decided to refer it to the Committee 

which 

240. Jurisdiclion. 



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i84 GEORGE CLEEVE AND HIS TIMES. 

which had been appointed on Eastern Affairs providing 
Cleeve and Jordan would agree to this, and asked for the 
concurrent action of the magistrates which was wisely 
refused, and no action was taken on the subject. At the 
Court holden at York on July 3d, George Cleeve was 
chosen a Commissioner to represent the towns of Scar- 
borousfh and Falmouth, which shows that he was still 
popular and Influential,"*' In October, the Commis- 
sioners appointed by the General Court of Massachusetts 
on his petition of nearly a year before, reported that they 
could make "no certajne returne thereof but judge 
meete the townesmen of Falmouth be ordered not to 
dispose of any lands wch are within the borndaryes of 
the pattente or graunts of the said Mr. George Cleaues 
untlll this Court take further order therein. "'■*' ' 

This report created a great feeling of insecurity among 
those holdlnGf crrants from Cleeve. Some diso^usted with 
the condition of affairs moved awav, and adventurers, 
affecting to disbelieve the validity of the title of either Jor- 
dan or Cleeve, took possession of lands. The position of 
both parties made them violent enemies as appears by 
the records of the time. They were men likely to have 
strong friends and equally strong o})ponents. Some of 
■'Cleeve's enemies presented a petition to the General 

Court 

241. Vldp Early Records of Maine, Vol. I, p. 348. 

242. T'i'ie llecords of Massachusetts, Vol. 4, part 1, p. 4.j-3. 



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GEORGE CLEEVE AND HIS TIMES. 185 

Court of Massachusetts about this time in offset to the 
one of May 30th, in which they say that—" there 
hath Latelie certain men appeard in our Names att ye 
Hon Generall Court & as wee are informed presented a 
petition, which was without our Consents or Knowledg 
ffor had ve Gouernment been settled & v^ wee could 
haue acted with freedom of Spiritt w^ee would neuer 
haue Dishonerd y^ Hon Generall Court with men of 
such Liues &: Conversations, as are, first Mr. George 
Cleues who is vpon record for breach of Oath & accusd 
for ffororerie."'*^ The accusation of foro^erv referred to 
is the one which has already been disposed'of : as for 
the breach of oath it nowhere appears. There was to 
be no rest, however, for George Cleeve. He was disap- 
pointed in all his efforts for redress. Delays were occur- 
ring to prevent adjudication in his suit with Jordan, "^-^ and 

he 



243. Vide Massachusetts Archives, 
Vol. 3. p. 2S7. 

244. The old claim of Winter to 
lands on the west side of the Spur- 
wink was at this time again made 
the subject of litigation, as appears 
by the following depositions. Al- 
though without foundation at first, it 
was so tenaciously adhered to tliat it 
was made to assume importance. 

The deposition of Thillip Hatch, 
being sworne Sayeth this Deponent 
liueing with Mr. John Winter, about 
22 yeares agone yt to his knowledi^e 



Mr. John Winter, In inference to his 
owne Title, & Mr. Trclawnys, did 
seuerall yeares Mow &. make use of 
all that marsh lying on both sides 
Spurwinke River, soe fare as hee bad 
Cause to improve it. Dated July: G: 
GO: Taken vpon oath, before mee. 
Edw: KisnwoRTir. 
Mr. Robert Jordan sworne, aged 
40 yeares sayth that about seaveu 
years since or yrabouts, hee gaue pos- 
session vnto Ambrose Boden Juno"": 
of a Certen parcell of Land, vpon 
the westerne side of Spurwinke 



i86 GEORGE CLEEVE AND HIS TIMES. 



he was growing feebler in every respect, while his an- 
tagonist was young, active and ready to take every 



advantage of him. 



River Contayneing two hundred 
Acers vpon a square, begineing at a 
Willow bush, by a spring, & to goe 
ironi thence, downe ye 3d River, vntill 



his Complement was Compleated, & 
further say th not. 

Taken before me the 1: July: 60, 
Henery Jocelin Assot 



A '•* ■ . ) 




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IHERE was a sudden turn of the political kaleid- 



itf^ ^s oscope unfavorable to George Cleeve. The 



[ Protectorate suddenly fell to pieces and Mon- 




archy took its place. Massachusetts statesmen were at 
heart uneasy but self-reliant and unshaken ia purpose. 
They believed in Massachusetts with a triumphant ' 
faith not to be shaken by temporal powers. • 

The news of the restoration to power of the house of 
" the Martyr King " in the person of his son Charles, 




came like a revivifying breath to the drooping hopes of 
the Royalists but like a blighting blast to the glowing 
confidence of the Republicans of Maine. Godfrey, as 

we 



X 



i88 GEORGE CLEEVE AND HIS TIMES. 

we know, was at this time in London and, sad to say, 
in prison for debt but with the fires of indignation burn- 
ing as hotly as ever in his breast against Massachusetts. 
He had causrht thecacoethes scribendi from Ferdinando 
Gorges, who had shortly before pubhshed his " Briefe 
Narration " and " Narrative of New Enirland " and was 
giving to Henry Gardiner^^ the materials for " New 
England's Vindication," too poor himself to publish this 
work of his brain, but, for the sake of giving it to his 
countr)'men, ready to let another have the credit and 
glory of its authorship. Edward Rigby, Ferdinando 
Gorges, himself and others, had been pressing their 
claims jointly upon Parliament against the usurpations 
of Massachusetts, and now, with the exception of Rigby, 
who, on account of his father's active participation in the 
Revolution, dared not approach the throne even with so 
valid a title as that to Lygonia, appealed to the King, 
who was pestered immoderately by the clamors of impu- 
dent claimants and the pleadings of obsequious petition- 
ers. Massachusetts was, however, ready to meet this, 
and presented an address to the King congratulating him 
upon his restoration to the throne of his ancestors, and 



245. Very little is known of Ilcnry 
Gardiner, but he is supposed by the 
editor of the Vindication to have 
been the son of Henry Gardiner, an 
associate of Mason and Gorges in the 



praymg 

patent of lands at Plscataqua, granted 
by the Council for New England 
Nov. 3, 1G31. Vide New England 
Vindication, Portland, 1684, p. 7, et 
seq. 



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GEORGE CLEEVE AND HIS TIMES. 1S9 

praying him not to allow himself to be moved by accu- 
sations of her opponents without first giving her an op- 
portunity to respond in defence. This was the condition 
of affairs respecting Maine in England. At home 
affairs were in confusion. George Cleeve finding it im- 
possible to get justice in the Courts of the 
1 66 1. Province appealed to the General Court of 
Massachusetts in the following language: 

The honored Generall Court Assembled and Sitting In 
Boston: this 24(3^ 1661.) The hzcmdle petition of 
George Cleave of Falmouth Gent : 

humbly sheweth 
That yo*" petitioner hath bin, and yet is greatly wronged « 
and oppressed by M^: Robert Jordane, not only in 
laying Claime unto all my lands, which I have purchased 
at very deare rates but by forewarneing of my Tenents 
that are & hindering others that would bee although I 
have had after purchase possession for these 27 yeares 
or there abouts : by meane whereof the populateing of 
the Towne of Falmouth is much hindered to the great 
loss and detriment of yo^ petitioner, and Considerable 
hindrance to the Country and least I should quietly in- 
joy my just right he hath for twoe yeares togcathcr now 
past or there abouts Continually Vexed yo^ petitioner 
(as hee humbly doth Conceive and hopes to prove) with 

unnecessarv 

26 



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I90 GEORGE CLEEVE AND HIS TIMES. 

unnecessary suites in severall Courts whereby hee hath 
soe ffarre misinformed severall Courts as yo^ petition 
hopes to prove, as that p^'vayleing he hath almost & if 
help & redress fayle is in a fayre way utterly to ruine yo'^. 
humble petitioner & his for ever : The perticulers 
whereof are too large to trouble the hono^d Court with 
in this sort, And therefore yo^ humble Petetioner doth 
humbly beseech the honouM Court to Consider the 
p^mises & either to admitt Audience of yo^ petition's 
declaration in the Court in Genera] 1, or else to grant a 
Committee to heare what hee hath to say that soe yo^ op- 
pressed petitioner may have some releife in his great 
suffering: . 

Your most humble petitioner doth humbly intreat the 
honoM Court to ponder the premises, and grat yo' 
po^petitionersuch releife as in yo' wisdomes yo^ shall 
see meet, and yo' petition' humbly Craveing leave, 
praying for a blessing of God upon yo^^ Sc yo' ad- 
ministrations: subscribe my selfe 

Yors 
[GEORGE CLEEVE] 

In answer to this it was ordered that Josselyn, Pendle- 
ton and Waldron should be a committee to proceed to 
Falmouth and examine the ground of Cleeve's com- 
plaints. Before this committee Cleeve presented him- 
self, 



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M - ■.' ' I 



GEORGE CLEEVE AND HIS TIMES. 191 



self, but Jordan contemptuously ignored the matter and 
did not appear/^^ As affairs in Maine were in a troubled 
condition, it was thought best to overlook Jordan's con- 
tempt of the Court's dignity and to give him further 
notice to appear and make answer. But nothing was 
done, as Josselyn, who was the chairman of the commit- 
tee, and the other commissioners sympathizing with him 
were preparing to throw off the bonds of Massachusetts. 
One of theirfirst acts was to issue a warrant " in his Maj^y^ 
name and by authority of Ferdinando Gorges Esq '' to make 
seizure of all books and papers relating to affairs in the 
Province which might be found in the possession of 

Cleeve 



24G. In a,nsw to ihe petition of Mr. 
George Cleaues, the Court judg- 
eth it Meete to order that Henry 
Jocelyn, Esqr, Capt. Brian Pendleton, 
& Capt. Richard Waldern be a cora- 
ittee &. impowred, repayring to Fal- 
mouth at such time as any two of 
them shall appoint, then &. there to 
examine the ground of the seuerall 
complaints exhibited against Mr Jor- 
dan, sumoning wittnesses, giving 
oathes, & what else is necessary re- 
ferring to the case, & what shall be 
concluded on by any two of them to 
be reported by them to the next ses- 
sion of this Court in October next. 

imi 22 May Ansr to Mr. Cleaues 
peticon. 

Early Records of Maine, p. 373. 



The petitioner apered before the 
comittee but Mr Jordan against 
whome he complaines was not pi'sent, 
Therfore if the court please to vouch- 
safe the petitioner a hearing before 
the court that M^ Jordan haue legall 
notice thereof that he may haue op- 
tunity to answer, or elce to appoint 
& impower a comitte in those pts to 
heare the complaints of the petitioner 
& the answer of M"" Jordan & report 
the case to the court for determina- 
tion, according to Justice. 

datted the 28th of may IGOl 

Daniel Gooici.v 
' "^ Elea. LusriEU . 

Edward Tyng 



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192 GEORGE CLEEVE AND HIS TIMES. 



Cleeve and Tucker, Godfrey and several others.''^^ This 
was a convenient method of getting hold of much valu- 
able material for future use ; the records of Cleeve's 
government of Lygonia; his patents more valuable to 
Jordan than all else, and papers of Godfrey, who although 
he had always acted with loyalty to Gorges, possessed 
documents of importance to them in their new schemes of 
government. The action of her disloyal commissioners 
was annoying to Massachusetts, but she was inclined to 

be 



1661-2 Mar. 11. 

247. Warrant addressed to the 
marshal of the province of Maine or 
his depaty. 

Instructions that in his Majtys 
name and by authority of Ferdinando 
Gorge.s, Esq., he is to demand and 
make seizure of all Roll books, Rec- 
ords and public writings concerning 
any act or acts done within the prov- 
ince. These having been withheld to 
the great destruction of mutual rights 
and the proper administration of jus- 
tice are to be demanded of Mr Ed- 
ward Rishwortb, Mr Michaell, Mr 
Godfrey or ye executors of Roger 
Gard, M«" George Cleves, Mr Richard 
Tucker, M"* Francis Neale or any 
others. The same persons also are 
to be caused to appear before the 
next magistrate to take oath that they 
are the true and entire documents 
held by them to be sealed and deliv- 
ered to Capt. Francis Champernoone 



and further to be produced, opened 
and examined at. the next general 
Court. 
Signed 

Francis Champernoone, S. q. 

Henry Jocelyn, Jus. quo. 

Robert Jordan, Commissioner 

NiO. SUAPLEIGH. 

A memorandum annexed states 

106 1-2 Mar. 21. 

that he (Nathaniel Masterson) has 
seized upon all the writings and Rec- 
ords in Mr Rushworth's hands and 
delivered them to Mr Champernoone 

another. 

10G2 May 15. 

All the writings &c. that he can 
hear of he has received and delivered 
to Mr Francis CMampernooue accord- 
ing to the warrant. 

Vide A Catalogue of Original Doc- 
uments in the English Archives, Re- 
lating to the Early History of tho 
State of Maine, p. 40. 



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GEORGE CLEEVE AND HIS TIMES. 193 






be lenient as her position was a delicate one, requiring 
patience and skill in management. She ■ immediately 

ordered a commission to proceed to York or 
1662. Wells, where the malcontents had convened a 

Court in order to assume the government in the 
rebellious district and institute an investigation into the 
conduct of her unfaithful officers, which, accomplished, 
the commissioners were to require all concerned to return 
to their obedience to the commonwealth until her ricrhts 
should be properly determined/^^ In the meantime they 
were required to hold " y^ ordinary 8c vsuall Courts." This 
had the effect to prevent open rupture, and Massachusetts 
still continued to exercise a degree of authority in Maine. 
Cleeve was loyal to Massachusetts. Having taken the oath 
of submission to her authority, he faithfully adhered to it. 
Although there were many in the Province who revolted 
ao^ainst some of the fantastic doctrines which she en- 
forced throughout her jurisdiction, yet many thinking 
men recosfuized the benefits which in the lawless and 
turbulent condition of society then existing her rigid 
rule bestowed upon them. Cleeve's petition not having 
been acted upon, came up before the General Court at 
the autumn session and was referred to the Countv Court 
at York for adjudication.'^^ Evidently It was thought 

best 



248. Vide postea, Collateral Doc- 
uments, No. XXXV. 



240. In ansr to the petition of Mr 
George Cleaues it is ordered, that 



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194 GEORGE CLEEVE AND HIS TIMES. 



best by the Massachusetts authorities not to interfere at 
this juncture in the delicate matter of sub-titles in Maine 
when the original titles were so hotly disputed. She of 
course resrarded the titles which Cleeve and Tucker had 
derived from Gorges and Rigby, as well as the grant to 
Trelawny now held by Jordan, as so much worthless 
paper, since her charter ante-dated them all. In fact, 
Cleeve stood no chance at all of sfettlmr his case acted 

CD O 

upon in the Massachusetts Courts, since by declaring his 
title valid they would virtually declare the title of Gorges 
or Rigby valid, which would be fatal to her own title to 
the territorv. This was doubtless the reason for so 
much delay in acting upon the questions he had pre- 
sented, and the final shifting of the whole matter over to 
the Court in Yorkshire, where other delays would occur, 
perhaps long enough for all questions to settle them- 
selves. George Cleeve, however, received a sop to com- 
fort him in being returned by the Court of Elections a 
deputy to the General Court, which was an important 
honor.'^° In spite of the opposition against him he had 

been 



the next County Court of Yorke ex- 
amine the grounds of these com- 
plaints exhibited against Mr Jordan, 
& to proceed therein as they shall 
judge Meete, according to lawes 
here established. Kecords of Massa- 
chusetts, Vol. IV, Part II, p. 70. 
1C62 8 October, An=^r to Mr Cleayes 



petition. 

250. Att a Generall Court of Elec- 
tion held at Boston, "JTth of May, 
1003. 

George Cleaues name was returned 
from Falmouth, as one of the Depu- 
tyes of the Generall Court. Kecords 
of Mas3., Vol. IV^ Part II, p. 72. 



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GEORGE CLEEVE AND HIS TIMES. 195 

been chosen on the July previous a commissioner for 
the town of Scarborough,"^' and at the summer ses- 
1663. sion of the Court at York a commissioner 
for Falmouth. But affairs in the Province were 
daily growing worse. There were virtually two govern- 
ments within the Province; one claiming to act under 
Ferdinando Gorges and the other under Massachusetts. 
Jordan was one of Gorges' commissioners, and although 
he had many enemies his influence was considerable 
throughout the Province. The delays to which Cleeve 
was subjected by Massachusetts in bringing his rights 
to adjudication were telling against him. Emboldened 
by the increasing strength of his position, Jordan in- 
creased his efforts to root him out, and having recov- 
ered several suits against him in the Court of which he 
was an associate member, he seized upon Cleeve's prop- 
erty, depriving him of his household goods, and even his 
last cow, and putting into the street such things as he 
did not take. Nay, more, he took the bed from under 
his aged wife — she was eighty-seven years of age we are 
told — and so left them without shelter or a bed to lie up- 
on.'^' It was a most cruel proceeding, and one for 
which there can be no excuse, although the provocation 
may have been great. For these wrongs against him 

Cleeve 

251. TltZe Early Records of Maine, j 252. Fi(/e postea, Collateral Doc- 
. Vol. I, p. 373. I uments, No. XXXVI. 



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196 GEORGE CLEEVE AND HIS TIMES. 

Cleeve petitioned the General Court of Massachusetts 
again, and was again referred to the Court of Yorkshire 
for an examination into the grounds of his complaint.^" 
Massachusetts had humbly addressed the king, and in 
response received a letter from him to the effect that her 
address was " very acceptable," and that he received her 
people " into his gracious protection,'' and confirmed 
their " Patent and Charter," and was " ready to renew 
the same." He pardoned offences against him, excepting 
the crime of high treason, and required the oath of alle- 
giance to be taken and justice administered in his name, 
the free use of the liturgy to be allowed, and all persons 
of good and honest lives to- be admitted to the sapra- 
ments.'^** The reception of the king's letter which was 
so "gracious" was hailed with delight in Massachusetts, 
and gave great contentment to her people, barring that 
portion relating to the liturgy and the sacraments, and 
it was at once copied and sent to the various towns in 
the Province of Maine. It was not so pleasing to the 



253. The Deputjes Conceiue in 
answer to this pet that the County 
Court of Yorke next are hereby Or- 
dered to examine the grounds of these 
Coniplaynts exhibited agaynst M"^ Jor- 
dan & to pceede therein as they sliall 
Judge meete according to iawes here 
established. 

the Deputyes haue past this Desire- 



commissioners 

inge or Ilonord Mages^^ Consent here- 
to. ' 
24: (8) 1662 

William Torrey Cleric. 
Consented to by the ^lagists 

Edw. Rawsox, Secrety. 

254. Vide Hazard's Hist. Coll., Vol. 
2, p. 005, et seq. 



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GEORGE CLEEVE AND HIS TIMES. 197 



commissioners of Gorges, who saw in it a possible con- 
firmation by tlie king of the authority of Massachusetts 
in Maine. When the letter was received in Maine with 
the warrant of Massachusetts directins: it to be read to 
the people publicly, the commissioners of Gorges sup- 
pressed the warrant of the Commonwealth and substi- 
tuted therefor the warrant of Goro^es. This was the 
occasion of an interestino^ letter from Georsfe Cleeve to 
the Massachusetts magistrates, in which he states that 
the king's letter was read in church after the morning 
service by Mr. Munjoy. The orders of the General 
Court of Massachusetts he says were stopped, and not 
published "in Sacoe nor Scarberoh but contarmanding 
warants in his magistas name vndar the authority of 
Mr. Georgs «S: vndar the firm of Mr. Joccellen published 
thare."'^^ This letter of the kincr seemed to infuse new 



20'). Evar honored Sirs 

Afiar iny due Respects & humble 
sarvic p'ented thes may Informe you 
that bine yor Comi.shionars were at 
York we luening Mr Georg IMonioy 
& my selfe, by accedent receved a 
papar named a warant from Mr Hen- 
ry .locceilenderected to .Mr John Gey 
Constable of falnioth wliich aflar vvcc 
had lied & Considdercd wee thought 
Keqnisit to take this exact Coppie 
here Inclosed i to delaine the papar 
vntill the publication of the Gcnarall 
cort Waranl was by my self publiqly 
26 



vio-or 

o 

Red in the Congregation the whole 
towne being p'sent the last lords day 
aftar meting at which tyme allso Mr 
jNIonioy Red the Kings Lettar, i had 
not Mr Rishworlhs Care bin to send 
the Courts ordar Inclosed in a lettar 
to Mr Monioy wee had bin deprived 
of the benefei of the Courts ordar for 
wee ar truly Informed that the ordars 
sent to all the towns in that County 
wear stopped & not published neithar 
in Sacoe nor Scarberoh but contar- 
manding warants in his Magisias 
name vndar the athority of M^" Georgs 



198 GEORGE CLEEVE AND HIS TIMES. 



vigor Into the opposition to Massachusetts, and vigorous 
efforts were made to suppress her authority in the Prov- 



& vndar the firme of Mr Joccellen 
published tbare. Wee allso viidar- 
standthat the p'tended Coinishionars 
haue apointed a meting at Sacoe llie 
25 day of this p'sand Novembar & wee 
sopose IS to see what strength they 
can gather to supres yor athority & to 
establish ther p'tended intrest who 
haue given it out that the Genarall 
Court haue desarted the towns of fal- 
raotb & scarb. & that Mr bradstreet 
&. Mr norton haue desarted the whole 
Conty of Yorksheire in England & 
here to & thervpon many or all well af- 
ected in Welse »ic elsewhere ar put to 
agret stand fearing that the Massachu- 
sets Collony doe deale dubble with 
them, by reson of thes &. othar such 
lick storis given out by Mr Jocellen, 
who allso reports that they doc daylie 
expect Mr Mavarick with four other 
Comishonrs in too great friggets to 
countermand yo^ athoriiy in thes yor 
Jurisdiction, but I beleuethe ships ar 
not yt buylt, we may expect spedily 
Mr Joccellen 5: Mr Jordan to com to 
our town to see what they can doe 
theire but my care shall be to defete 
their purpose in what I may. 

Now farthar my liumble Requ'st 
is that you will forth with seriously 
Considar of a Cource to be taken 
with thouse wiio doe deale thus par- 
tiddiously, hating taken the oath of 
fredom &. fidelity for example to 



ince. 

others &^ for the maintainanc of yor 
owne honor who haue Ingaiged to 
p'tect all the well affected in this yor 
Jurisdiction. ■ 

I allso desire to vnderstand yor senc 
whethar the Jenarall Courts mind 
was that the offisars in that County 
that was Chosen & sworn vndar yor 
athority should stand in theire plases 
till the tyme of newe election or these 
Constabls Chosen & sworne by Mr 
Jocellen &. vnto that powire. 

And as tuchifig Assoticats wee vn- 
darstand that Mr Jocellen & Mr 
preble haue both refused tUe oath & 
the exarsise of theire places ^^ only 
Mr Rishworth & Mr Chadborn sworn 
& Mr Morsion not sworn willing to 
submit when tendered vnto him now 
I desire to know whethar I may not 
administar the oath vnto him as is 
derecte in the Law book being a 
Comishionr & apointed by the Court 
to administar the oath of the Lord to 
any parson as occation may Require 
or whethar any other asotiats may be 
appointed to the number of five as 
allso whethar any othar Comishionars 
may be apointed for the too towns of 
falmoth >!c scarboroh in the Roome 
of Mr Jocellen or any othar in case 
of Refusall for wee supose theire may 
be great nede of a Court shortly. 

I cannot omit to give you to vndar- 
stand that Mr Joccellen doth trompet 






J r'\ 



.ff* ' 



GEORGE CLEEVE AND HIS TIMES. 199 

ince. Cleeve states that amono; other stories circulated 
^vas one to the effect that Maverick, who was then in Eng- 
land and hostile to Puritan rule, was coming with other 
commissioners " in too great friggets to countermand yo^ 
athority in this yo^" Jurisdiction, but I beleve the ships 
ar not y^ buylt." This rumor we shall see proved true. 
Frequent conflicts of authority took place, and the offi- 
cers of Massachusetts were arrested by the officers of 
Gorges and thrown into prison. The Constable of 
Kittery was one of the officers arrested and imprisoned, 
and he appealed to the government of Massachusetts for 
protection, calling attention to the fact that having re- 
quired his subjection to its authority he was entitled, 
to its protcction.'^^^ The conflict in Maine between the 
two parties continued to increase, but two commissioners 
friendly to Massachusetts, Cleeve and Phippen, were 
chosen in Falmouth,'^^ and this town and Scarborough 

sent 

abrod that therar many discontented I oflicar or otliar safe messengar in 

in boston & to the westward about . Regard of the season of the yere 

the Kings lettar .Jc I feare it p'seds thus craving pardon for my bouldnes 

from a sperit that faine wouUl rays a to be so larg Comending you all to 

faction amovngst vs if not tymly } the grace of god evar Resting yo"" 

jj^'vcnted but I hope that the wisdom I faithfull i humble sarvant to comand. 

& Counsell of god is with you or else \ GEOIKI CLKEVK 

who knoweth how great a flame a I Falmoth Novembr 24-D2 

lillell fire may kindell all which I | 250. Vide Mass. Archives, Vol. 

Lcne to yor wise Considaralion hum- } III, p. 2o4. 

bly desiring a spedie answer if it I 257. Court houlden at Yorke July 

seeme good to you by som publick ' 7th, 1G63. 



("•^^ . ''n/:l I ^! j ^ < 'i ' ! 'I . 



20O GEORGE CLEEVE AND HIS TIMES. 



sent attorneys to re-affirm their subjection to Massachu- 
setts. Party feeling ran high.^^^ Jordan, Josselyn and 
others were indicted for renouncing the authority of the 
Commonwealth, and Jordan was arrested and thrown in- 
to prison in Boston. In the meantime Cleeve obtained 
no redress for his wrongs. In the autumn of 1663 ^'^^ 
manasced to iret an order from the General Court to the 
associates, to appoint a Court at Saco or Wells " to heare 
examine and determine all complaints of either partie by 
way of reveiu or otherwise according to lawe.""^^ Noth- 
ing however came of this, and when his petition again 

came 



It is hereby ordered that for the 
Election of Comissionr3 In Scarbor- 
rough &, Falmouth this yeare, wee de- 
termine as foUoweth that Falmouth 
who have chozen according to Law, 
that two of them which they have 
chozen stand, which is M^ Cleeve & 
Jos Phippeny & leave the Towne of 
Scarborogh to chuze three to bee ap- 
proved & sworne as by another order 
is directed hereafter according to Ar- 
ticles. Early Records of Maine, Vol. 
I, p. 309. 

258. Wee p^sent Fran: Smalc for 
saying In open Coart that Mr George 
Cleeve was a trator .^ that he would 
prove that the sd. Cleeve sayd that 
ye King was an Aihist, a papest & a 
damned wretch In hell, with other 
uncivill speeches. Witnesses Tho: 
Withers, Fhineas liider. Free: Norton 



Itt was proved In Court th^^t Mr. 
Cleeve soe spake. Early Records of 
Maine, Vol. I, p. 405. 

25'J. Whereas George Cleaiie, gent, 
on his petition to the Gen Court, in 
ansf thereunto was granted a hearing 
at a County Court to be holden at 
Yorke in July last, and that M"" Jor- 
dan was then a prisoner at Boston, 
by meanes whereof all proceedings 
were waved, least the said Jordan 
should account himself injuried, 
whereby also all relife hoped for by 
the said Cleaue was frustrated and 
disappointed ; and that at a Court of 
associates, late holden, as is alleadged, 
the said Jordan hath further prose- 
cuted agt the said Cleaue, by virtue 
whereof the said Jordan hath of late, 
as the said Cleaue hath informed, 
outed his aged wife and family; and 



'i -'Ml n//- 



i rj 



• : H 't 



GEORGE CLEEVE AND HIS TIMES. 201 



came before the magistrates it was again referred to the 
Court at York.-'^" Still Cleeve was apparently in favor 

with Massachusetts, and at an election held at 
1664. Boston the eighteenth of May following, he was 

returned as one of the deputies of Casco.'^' 



that the said Cleaue was, by God's 
providence, not voluntarily, but neces- 
sarily, dctcined; and forasmuch as 
Mr Jordan, by former execution, did 
take from the said Cleaue his bed, 
bedding, ketle & poit, Wck is contrary 
to lawe, besides two cowes, web also 
were all then had to support his 
family — it is therefore ordered by this 
Court, that the associates for that 
County of Yorke, or any three of 
them, shall &, hereby are impowred &. 
required forthwith to appoint Sc keepe 
a Court there, to heare, examine & 
determine, either wtUout or v,-^^ a 
jury, as the parties shall agree, at 
Saco or Wells, all complaints of either 
partie by way of reveiu or other- 
wise, according to lawe. 



1G63. 21 October. Courts order 
abt Mr Cleaue for a Court «S:c. 

200. In ansr to the petition of Mr 
George Cleaue, the Court judgeth it 
meet to referr the peti(;oncr to an 
ordinary course of justice in the 
Courts of that sheire. 

IGGl. 18 May. Ansr to Mr Cleaues 
p€ti(;on. 

Records of Mass., Vol. IV, Part II, 
p. 103. 

201. Vide llecords of Mass., Vol. 
IV, Part II, p. 94. 

Att a Generall Court of Election 
held at Boston, 18tU of May, 1001, 
Georg Cleav's name was returned rs 
one of the deputies from Casco. 

V'ide llecords of Mass., Vol. IV, 
Part 11, p. 100. 




n 



DWARD GODFREY, Gorcres, Mason and 
^^-^m others opposed to Massachusetts had been con- 
stantly and actively laboring with the king 



against the subjection of I^Iaine to her authority, and they 
at last prevailed upon him to direct a letter to his " trusty 
and well beloved the Inhabitants upon the Province of 
Meyn in New England," stating that upon reports ^f 
the law oflicers of the crown he had found the claim of 
Ferdinando Gorges to the Province to be a valid one, 
and that thev were therefore to "forthwith make restitu- 
tion of the said province to him or his commissioners 
and deliver him or them the quiet and peaceable posses- 
sion thereof."'"' Clecvc must have felt that this letter 
of the king was the final blow to all his hopes. True, 
Massachusetts did not propose "to yield up her possession 
of Maine even at the king's behest. She had learned by 
hard and long experience the value of tenacity, and 
believing undoubtedly that her claims to the Province 
were just, she determined not to yield, yet she was 

politic, 

262. Vide Ilutchiuson Papers, Prince Society, Vol. II, pp. 110-112. 



GEORGE CLEEVE AND HIS TIMES. 203 



politic, and while she maintained the forms of authority 
within the Province she was careful to avoid as far as 
possible any serious conflict with Gorges' commissioners, 
and she could not well restore Clceve to his rlsfhts with- 

o 

out precipitating such a conflict. Cleeve well under- 
stood this, vet was he steadfast in his aliesfiance to 
Massachusetts, and did not for a moment attempt to 
gain any advantage by courting the new power; in fact, 
lie always appears to have had a profound faith in the 
wisdom and power of the Massachusetts magistrates, and 
could he have lived long enough he would have seen that c 
his faith was not at fault. The rumor of the ''too frie- 
gets " was now realized by their appearance in the harbor 
of Piscataqua bearing the king's commissioners, Maver- 



a ^uA 



CSLji. 



aAh.ytc/<z> 



ick"' and Carr."''-* Aw accent of Ferdinando Gorcres,"*' 

John 



2G3. Vhld Satnner's Hist. East Bos- 
ton, pp. 00-lGO. There were two other 
coinmissioner.s, namely, Colonel liich- 
ard Nicolls and Colonel George Cart- 
wright, who landed at Boston several 
days later, the ships which bore them 
liaving been separated during a storm. 

2G4. Sir Iv')bort Carr, Baronet of 
Sleeford, appears to have been a 
man of convivial habits, as was .Mav- I 



erick, and the two must have enjoyed 
each other's companionship. Pepys 
speaks of the free manner of living 
at his home in Lincolnshire, " where," 
be says, " it seems people do drink 
hii;h." lie was wholly unfit to man- 
aire the delicate affairs entrust(;d to 
him, as were, indeed, his associates, 
Cartwright and Maverick, and his 
loose manner of living brought him 



' "..].'■ I '.; 



\ 



"1 .^ ■ . '" 



204 GEORGE CLEEVE AND HIS TIMES. 



John Archdale^'^^ was also at hand ready to act in behalf 




of his employer. Maverick announced his arrival in 
somewhat contemptuous terms to Massachusetts, advis- 
ing them " to take care how they dispose of such things 



into discredit with the sober and ab- 
stemious people of tlie Bay. On the 
eve of his departure from I'oston, 
while carousing with Maverick and 
other pot companions on a Saturday 
night, the party was interrupted in 
the midst of its festivities by an officer 
of the law, who reminded them of 
the sacredness of the hour and de- 
sired them to disperse. Tlicy how- 
ever not only refused to obey him, 
but drove him away with blows. Ad- 
journing to another place, they were 
interrupted by another officer with 
whom they had an altercation, during 
which the guardian of the law said that 
he would arrest the King himself if he 
found him making a disturbance in 
Boston on a Saturday night. For this 
Carr charged him with having uttered 
treasonable words. The Court prop- 
erly admonished the officer for his 
injudicious speech, and the governor 



as 

summoned Carr to appear before him 
to answer for " riotous and abusive 
carriage to one of his majesty s of- 
ficers." Immediately after, however, 
he left New England. 

Vide Pepy's Diary, Vol. Ill, p. 314. 
Hutchinson's Ilist., p. 232, et seq. 
O'Caliaghan's Documents relative to 
New York, III, GO, 94, 107. 

2G5. The grandson of Sir Ferdi- 
nando, and author of the Briefe Nar- 
ration. 

2GG. John Archdale was connect- 
ed with the Gorges family by mar- 
riage, Ferdinando Gorges, Jr., hav- 
ing married his sister. Archdale fail- 
ing in his mission, removed South, 
where in his old age he became gov- 
ernor of the two Carol! nas. A letter 
of his to George Fox, bearing the date 
of IGSG, may be found in Hawk's His- 
tory of North Carolina. 






:-^'! 1 r 



in 



GEORGE CLEEVE AND HIS TIMES. 205 

as may be out of their bounds, and not fit for them to 
take cognizance of, his Majesty's commissioners being at 
Icni^th come into these parts. "''^^ At the Court held 
under the authority of Massachusetts at York, and which 
had not probably adjourned when the king's commis- 
si(»ner arrived, the case of Cleeve upon a review against 
I(»rdan came up, but for some unknown reason neither 
j)arty appeared and the matter dropped ;''^^ indeed we 
sliall hear of it no more as the condition of affairs in the 
Province continued such as to prevent further consider- 
ation of Cleeve's title. Jordan, however, showed his 
litii^ious spirit by suing him at this Court for unjustly 
detaining of a sow, but was defeated, and Cleeve ob- 
tained costs asrainst him."^ The Q:overnment of the 
Province under GorG:es having: oriianized, its commis- 
si(.>ners addressed a dinlomatic letter to Massachusetts, 
•'requesting In the name of our selues, & the people of 
the s^^ province, you courteous & peaceful disceadure from 
further comanding vs &: them." Accompanying this 

was 

207. Vllt O'Callaghan's Docu- 
mcnu relative to New York, Vol. Ill, 

li'-'^. Alt a Court houMcn at Yorke 
on (he tirst Tuesday In July 1G04 ; 

M"" Geo: Cleeve is plantiile In an 
Action of the Case upon a revew 

»^^^!I»Hl Mr. Robert Jordan defendant. ords of Maine, Vol. II, p. C-7 

Neither plantiffo nor defendant ap- 
1*7 



pearingye Action falleth. 

200. Mr. Kobert Jordan is plan- 
tiffe Contra Mr. Geo: Cleeve defendt. 
In an Action of the Case for unjustly 
detay'eing of a sow. 

The Court grants y® defendt his 
Costs, ISs. witlulrawne. Early Rec- 



■ of 



- /■ 



■■-■■Mo'T rl'I! (l/.r 37:ri J 



- • J 



, ' ' 



2o6 GEORGE CLEEVE AND HIS TIMES. 

was a proclamation, commanding " a resignation from all 
persons vsurping " the government of the Province and 
notifying them of the unlawfulness of such proceeding, 
" Pticularly to y^ Governor 8c Councell of y^ Massachu- 
sets Colonie ; protesting against their intermeddling w^^^ 
ye government thereof, as they will answer y^ Contrary 
att his Maiesties indignation."^^" To this the Massachu- 
setts councillors replied that the territory in question 
was " a part of the Patent graunted to the Massachusets 
which Patent preceds the Patent granted to S^ fferdi- 
nando Gorges and therefore the Council may not give 
vp the Interest of the Colony w'^*^ out the consent of 
the Generall Court," and as they believed that his majes- 
ty had been misinformed, they declared that no commis- 
sioners acting under the authority of Gorges ought to 
exercise any government in the Province, and that if in 
attempting to exercise government any " evill & Incon- 
venience shall fall out — they must be accounted the 
author's thereof 8c expect to be accomptable to his Maj- 
esty for the same."'^' The king's commissioners, who 
had been occupied with other pressing matters elsewhere, 
now returned to York, and in order to put a stop to this 
conflict of authority appointed commissioners and 
1665. issued a proclamation ordering the inhabitants 

of 

270. Vide Massachusetts Archives, Vol. Ill, p. 265. 

271. Vide Massachusetts Archives, Vol. Ill, p. 2t>G. 



;■]■ K\\^ a// 



h^ ' ,'■ ■ 



> . t I 









I i J.. : : I ,■ ' 



GEORGE CLEEVE AND HIS TIMES. 207 

of the Province to submit to them, and forbidding 
in his Majesty's name, "as well the Commissioned^ 
of M^ Gorges, as the Corporation of the Massachusets 
ba}', to molest any of the Inhabitants of this Province 
w'^' their pretences, or to execute any Authority within 
this Province untill his Majestie's pleasure be further 
knownc." They also commanded all who laid claim to 
lands within the Province to produce their titles within 
ayear/7^ The boldness and manliness of George Cleeve 
were now shown in a petition of the inhabitants of Fal- 
mouth directly to the King, for we must believe him to 
have been instrumental in procuring it if not indeed its 
author.-^^ All that he had was now at stake. The title 
which he held to the Neck and under which he had made 
large conveyances to the inhabitants of Falmouth would 
be annulled by the Royal Commissioners, to the great 
loss of the innocent grantees, and also the many grants 
which he had made as the agent of Baron Rigby, hence 
he bestirred himself for one more effort. The opening of 
the petition is pathetic in its humility and will repay read- 
ing. It sets forth the reasons of the inhabitants for not 
submittinG^ to the g:overment of Gors^es in accordance 
with the king's command, and why they preferred to live 
under the autliorlty of Massachusetts. The petitioners, 

quoting 



272. Vide postea, Collateral Documents, No. XXXVII. 
Vide Early Records of Maine, Vol. II, p. 107. 



^4 'i, 



1 riUl 



t • i .It I 



1 , < 



r/ ♦ 



2o8 GEORGE CLEEVE AND HIS TIMES. 

quoting an expression of the king respecting the Massa- 
chusetts colonists, " that whereas they haue exceeded 
others in pietie and Sobrietie, Soe God hath blessed 
them above others," say that " haveing had pietie so 
countenanced and justice soe well executed " they had 
"found God's blessing" in their "lawfull callings and 
endeavours more in one yeare than in severall before or 
since our late troubles." They then refer to the proc- 
lamation of the Royal Commissioners forbidding obedi- 
ence to either of the conflicting governments, against 
neither of which they have just ground of complaint, and 
beinsf " tauoht out of the word of God that obedience is 
better than sacrifice," they desire " to be wholie and $olie 
where God, by his providence and your commands shall 
cast us." Counter petitions were the result of this, and 
upon the return of the Royal Commissioners to York, 
where they held a Court, all the grants made by Cleeve 
under authority of Rigby were declared void. 

Cleeve was now getting to be an old man. His prop- 
erty and influence were gone. Men who had been 
friendly to him, but who had suffered through loss of 
lands purchased of him, must have grown cold towards 
him. But though he was old and In the furrow of 
misfortune, the old spirit survived as we see by the 

record 



I r ,( 









GEORGE CLEEVE AND HIS' TIMES. 209 

record of the Court established by the Royal Commis- 
sioners at Casco, wherein appears this curious entry: 

" Mr Geo : Cleve binds himselfe In a bond of Twenty 
pounds unto our Soveraign Ld the King to bee of good 
behavior towards all men espetially towards such who at 
any t}Tne shall bee ordered by authority to Inflict any 
punishment upon his servant Tho. Greenslede for his 
disobedience or disorders." 

From this it would appear that even in his old age 
he had protected a favorite servant of more prosperous 
days, who was probably given to occasional tippling dis- 
orders, from punishment by the new authorities whose 
overbearing rule was hateful to him. Once more onlv,* 

and that at the next session of the Court at 
1666. Casco, does he appear to us, this time to press 

for the payment of a debt claimed as his due, and 
here the curtain falls upon him.'""* In later petitions 
which would have borne his si<jnature had he been livinir, 
his well known name is wanting, and we may properly 
infer that he died not Ions: after this date."-"^ 



274. Alt a Court houl Jen at Cascoe 
the lOth day of Novcmbr lOOG: 

Mr. Geo: Cleeve is plantiff In an 
Action of debt Contra Mr Jolm Payn j 27-3. FuUowing thedate of Septem- 



George 

jury found to respond yr charge. 
Karly Kecords of Maine, Vol. II, p. 
110. 



of Boston, defendt. The Jury made 
noe relurne of this verditt because 
noe defend', appeared for whom the 



bcr 15, 1071, but with the date which it 
bears unfortunately obliteraied, a{> 
pears the following entry in the Court 



t ( 



■■■I ■ ■ r t • '• ' ' I T > f f 



.'■1 



2IO GEORGE CLEEVE AND HIS TIMES. 

George Cleeve has been criticised adversely by several 
writers who have been hasty in forming opinions based 
upon the careless remarks of a careless writer, or upon 
an insufficient study of his acts. In a time when men of 
upright lives were charged with wrong doing, the social 
conditions amid which they lived making such charges 
easy, the character of Cleeve appears exceptionally clean. 
Every charge on record against him has been noted in 
this brief account of his life and times, that the reader 
might be able to form an independent judgment of the 
correctness of this statement, by comparison of his record 
with that of his contemporaries who have been com- 
mended for moral attainments by their biographers. 
That he was a man of great energy and perseverance, 
ready to take advantage of an opponent when in 
conflict; aye, more, an ambitious and selfish man to the 
degree that most men since his time have been, we 

may 

Records. If it is properly placed, of unjust Molestation as hy as fivety 
we must infer that George Cleeve pounds Contra Mr: Geo. Cleeve De- 
was living in 107-i ; but tlie author \ fendt: 

doubts that tiie persons named in the ! The Court finds for the plant : five 

entry as the magistrates, were really ; pounds & Costs of Court 2£. 2s. 



csuh at that date, lience he is inclined 
to the opinidu that the entry is mis- 



* * * brt Jordan riant: In an 
Action of vexatious suite as hy as 



placed in the Court IJccord. i * • * * ounds, Contra Mr Geo: 

Att Court of a.-jsotiates houlden at Cleeve Defend': 



Scarborrow for the County of Yorke 
the loth day of Septeinbr • « * 
Mr. Robert Jordan plant: In an Action 



* ♦ * t findes for the Defendt. 
Costs of Court eight shillings. Early 
Records of Maine, Vol. Ill, p. lUi. 



rr ^\\\ u/ / 



J J 



.' .. 



GEORGE CLEEVE AND HIS TIMES. 211 

may justly admit. Such qualities, some of which are not 
consonant with the ideal Christian character, have 
been possessed by successful and honored men of all 
times, and, we may not uncharitably suppose, are pos- 
sessed by such men even in this more enlightened day ; 
but that he was an immoral or dishonest man we may 
not justly admit ; indeed, we may claim after a careful 
examination of such facts as have been preserved relating 
to his character, in connection with the turbulent times 
in which he played his part, that he stood morally above 
the average of the people about him. We have thus 
made the acquaintance of George Cleeve, who occupies a 
large place in the history of our State, and especially of 
the city of Portland whose founder he was, and although 
we may not know who was his father, we have seen that 
he was, as Cotton Mather says the Italians express it, ''A 
son to his own labors." 





\ 



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" ' 'T clh (.W f. ••! / 



I 



■ —- ^ ■•■:•■;',- 



ijt- 



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;3-.vr- 






-^ 



I 

,5 



%U'-'-m 



■i. 



A ^r 'i 



iSi 






>■ ^i'i 




CoII^Ier2^Iv>Document5 



r(gli!.lin^ lo 



George • Ck^ve. 



28 



I ( 



C0Iit/ITEK71& DOCUMENTS;' 



No! I. .^^' ' ' 

Extract from letter of Matthew Cradock to John 

WiNTHROP. 

Laus Deo, In London 15 March 1636, Stilo Angliae. 

Worthei Sir: 

* # # # # # 

I may not omitt to accquaynt you with one passage 
touching the generall, nameley of one Mr. Cleve and 
Mr. Tucker who this last yeere were with me and pre- 
tended 



27C. These documents and quota- 
tions from them are given verbatun et 
literatim, that the reader may have 
them before him as they are. George 
Cleeve has been called illiterate by 
persons not sufficiently familiar with 
Manuscripts of his time to form a cor- 
rect judgment. Sucli critics measure 
his literary productions by modern 



standards which may not properly be 
applied to them. A comparison of his 
letters with those of Governor Crad- 
ock, Robert Trelawny, Mayor of 
riymoalh and others equally eminent, 
will sullice to show that his literary 
equipment was as complete as that of 
other men of considerable prominence 
in affairs contemporaneous with him. 



Mf 



//2i6 COLLATERAL DOCUMENTS. 

tended great good to our plantacion & great ffauour 
they could haue at Court, & desired my approbacion of 
somewhat they Intended, whereto I could say nothing 
till I saw what it was. Wherevppon they brought me 
a writing w^hlch hauing seeyne I vtterley dislyked & dis- 
avowed for hauing owght to doe therein, but taking it 
to peruse before I would geeue my answere, caused a 
coppy to bee taken which I send you herewith. Sence 
Mooreton from them came to me on the exchange, & Mr. 
Peirse being there, I hauing noe desire to speake with 
Mooreton alone putt him of a turne or 2 on the ex- 
change, till I ffound Mr. Pierse, & then caled him to me, 
and in his presence disavow^ed to haue aney thing to'doe 
therein, for Moreton would have had me pay the chardge 
or promiss some such matter in taking out somewhat 
vnder the scale the beeing done one or about the 9 
January last, vppon the exchange, as Mr. Pierse cane 
relate vn to you. 



No. IL 



Patent of Sir Ferdixando Gorges to George Cleeve, 

Jan. 27, 1636. 

This Indenture made the twenty seaventh day of 
January, In ye Twelueth yeare of the Reigne of our 



Souereisfne 



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COLLATERAL DOCUMENTS. 217 

Souerelgne Lord Charles by the Grace of god, king of 
England, Scotland, France, & Ireland Defend"^ of the 
faith Sec: between Sir Ferdinando Gorges, of Ashto : 
Phillippes In the County of Somersett knight, of the 
one parte, & Geo : Cleeue of Cascoe, In the prouince of 
New Somersett, In New England in America Esq^. & 
Richard Tucker of Casco aforesd of the sa Province of 
New Somersett, of New England in America Gentle, 
on the other partys, witnesseth that the s^ Fardinando 
Gorges, for & in consideration of one hundred pounds 
of good & LawfuU money of England to him In hand 
payd before the sealing & delivery of these P'sents & 
alsoe for diuerse other good causes, and Consideratioi>s 
him the sayd Sir Fardinando Gorges, herevnto especial- 
ly mouing: hath giuen granted bargained, sould, Sc 
Confirmed vnto y^ s^ Geo : Cleeue, & Rich'^ Tucker 
there heyres, Sc assignes : all that part purpart and por- 
tion of Land In America, parcell of New England In 
America, hereafter In these P'sents discribed & to be dis- 
cribed by the lymitts & bounds thereof: That is to say 
all that part, purpart, and portion of land, beginning at 
the furthermost poynt of a Necke of Land, Called by the 
Indeans Machecronne & now &for ever from hence forth 
to bee Called, or knowne by y^ name of Stagomor, 8c soe 
along the same Westwardly, as it tendeth to the first 

Fall, 






\) < 



2i8 COLLATERAL DOCUMENTS. 

Fall, of a little River Issueing out of a very small pond, 
& from thence ouer land to the Falls of Pessumpsca, 
being the first Falls in that River, vpon a streight lyne 
contayneing by estimation from fall to fall as aforesd 
neare about one English mile, which togeather with the 
s^ Necke of Land, that y^ s^ Geo : Cleeue & the s*^ Rich^ 
Tucker, haue planted for diverse yeares already expired, 
is estimated in the whoole to bee fiveteene hundred acres, 
or y'-' about as alsoe on Island adjacent to the s^ prem- 
ises, and not in the Tenure & occupation of the s^ Geo : 
Cleeue & Rich*^ Tucker, comanly called or knowne by the 
name of Hogg Island : which sayd premises with the ap- 
purtenances, are not already pose't or past to any oth^r 
P'son, or persons, soeuer but now granted by mee, & this 
my spetiall order, for Confirmation y^ of under my hand 
and scale. All which premises now are and hereafter 
shall bee, demed, reputed, and taken to bee parts, parcells 
and Members, of the prouincc of New Somersett Shyre, 
in New Ensfland aforesd : and alsoe the s^^ Sir Far- 
dinando Gorges, for y^ Considerations aforesd, hath giuen, 
granted, barganed sould and confirmed, and by these 
P'sents doth glue, grant, bargane, sell and confirme vnto 
the s'^ Geo: Cleeue, and the s^ Rich^ Tucker there 
heyres, and assignes, togeather with the s'^ portion of 
Lands and premises, all the Soyles, ground^ Wood'^ and 

vnderwoo^^ 



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COLLATERAL DOCUMENTS. 219 

vnderwoOds Hauens Ports, Rluers, waters, Lakes fishings. 
Mines, and Mineralls, as well Royal Mines of gould and 
silver as other Mines, and mineralls, pretious stones, 
quarries, and all and singular other comoditys. Jurisdic- 
tions Royaltys priviledges, ffranchises, and phemenenses 
wtsoewer within the s^ Tract of Land^ and premises, or 
with in any part or parcell y^ of. Haueing excepting 
and reserueing onely out of this present grant the fifth 
part of all y^ Oare, Gould, or silver found, or to bee found 
in or upon the premises or any part or prcell, y^ of, due 
unto his Majesty, his heyres^ and successors and now or 
at any other tyme hereafter reserved, to be reserved. 
To haue and to hould all and singular the s^ part, pur- 
part, and portion of Land^ and all other y® premisses 
herein mentioned to bee barganed, sould granted, and 
with there and euery of there appurtenances, vnto the 
s^ Geo : Cleeue, and Rich^ Tucker there heyres, and 
assignes. To the onely p'per use and beehoofe of them 
the s^^ Geo : Cleeue and Richard Tucker, there heyres 
and assigns to the end and full Tearme of Two thousand 
years fully to bee compleat and ended, to bee houlden of 
the s^^ Sir fferdinando Gorges and his heyres Lord, or 
Lords of the s'^ Province of New Sommersett Shyre as 
of his or there Mannor of Williatton and free Manners 
in Fee and comon Soccage, by ffealty, onely for all man- 
ner 



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220 COLLATERAL DOCUMENTS. 

ner of services, and the yearly Rent of Two shillings p'' 
hundred, for every hundred Acres y^ of, bee it in Wood, 
Meddowing, Pasture, or Tillage. 

The same to bee Levied by distresse, or otherwise, ac- 
cording to y® laws or costome of the Realme of England, 
used and approved within the same for Tenants of the 
like nature : and the s^ Sir fardlnando Gorges for hlm- 
selfe his heyres, and asslgnes, doth covenant promlsse, 
and grant to and with the s^ Geo: Cleeue and Richard 
Tucker theyre heyres, and asslgnes by these P'sents 
That hee the s^ Sir Fardlnando Gorges, his heyres and 
assigns shall and will from tyme to tyme and at all tymes 
hereafter, do make acknowledge, execute, and suffer, or 
cause to be done, made, acknowledged executed, and 
suffered all and everv such further and other reasonable 
Act and Acts Thino; and Thlns^es devise and devised in 
the law, for the further and better assurance and firme 
makeing of all and singular the sayd Land^ and other 
the s^ premisses with there and eury of theyre appurte- 
nances vnto the s^ Geo : Cleeues, and the s^ Rich^ 
Tucker, theyre heyres and asslgnes by his and y^ coun- 
sell Learned, In y® lawes shall be reasonable deuised 
adulsed or required. And Lastly the s^ Sir Fardlnando 
Gorges hath Constituted, ordayned and appoynted, and 
by these P'sents doth constitute, ordayne, and appoynt 

his 



r:\ /'i\r} 



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COLLATERAL DOCUMENTS. 221 

his trusty and well beloved Isacke Allerton, and Arthur 
I\Iacke\vorthy, Gentle: his true and lawfull atturney and 
atturneys, jointly or seuerally for him and in his name, to 
Enter into the s^ Land^ and other the s^ barganed prem- 
ises, or into any part or p'cell yr of in the name of the 
whoole: And y'' of to take full and peaceable possession, 
and seisin, and after such possession and seisin soe had 
and taken : Then for him and in his name, to deliuer 
full, and peaceble possession, and seisen, of the same 
Land, and premisses, vnto the sayd Geo : Cleeue, and 
Richard Tucker, theyre heyres and assigns, according 
to y^ Tenour affect and true meaning of these "^P'scnts. 
In witness w*" of the s^ partys to these P'sent Indentures, 
Interchangeably have sett two y^ hand-^ and scales : 
Dated the day and yeare first herein aboue written 
Anoque Dom 1636. 

FERDE: GORGES 

Sealed signed and dcliuered in y® presence of 

William Whithington, 

John Whithington. ' ' '' ^"^^ '' 

Vera Copia, transcribed out of the originall, and y^ 
with Compared word for word this 26 : day of June; 
1660: as 

Attests Edw: Rishworth 7i^; Cor: 

Memorandum 

29 



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T ' 



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222 COLLATERAL DOCUMENTS. 

Memorandum that I Arthur Mackeworth Gentle : 
haue taken and Deliv'^: possession and seisin vnto 
Geo : Cleeue Esq^ and Richard Tucker Gentleman, 
according to the order within prescribed. In witness 
w^ of I haue herevnto sett my hand this eight day of 
June 1637: 

In P'sents of ARTHUR MACKEWORTH. 
Tho: Lewis, Vera Copias taken 

John Bickeford, P Edw: Rishworth Re: Cor: 
Geo: Frost. 



No. in. 

Thomas Taylor to John Winthrop. * : 

To the Woorp^^ Joint Wauithropp Esquire^ ddd in New 
England, P my good frind M^. George Cleiue: 
whom God p^' seme. 

Bristoll the 25th M'^ch: 1637 
Worthie Sir, — After my due respects p^mised, I 
made bold, although vnacquainted, to addrese thes few 
lines vnto yow; w*^^ are to giue yo^ Woorpp to vnder- 
stand that about one yeare since I sent my sonn Humph- 
rie Tayler from London ouer into New England, and 
furnished hem w^^ such necessaries as was then needfull, 

and 



COLLATERAL DOCUMENTS. 22-, 



o 



and paid his passage, and haue sithence sent hem ouer 
more for supplye, as by the Invoice, \\^^ my good frind 
Mr. George Cleive will show vnto yow, may appeare : it 
notw^^standing all w^^\ my sonn doth continuallie pas 
bills, of exchandge vppon me for seuerall soms of monie. /^ 
How he liueth to spend so much monie I know not; for 
he neither sendeth me anie accounts nor returns : and I 
do much feare that if he showld continew that cours he 
would be a means of my vndoing; for prevenc whereof, 
hearing of yo^ good worth and good gouernment in that 
countrie, haue p^sumed to make bolde to authorize yow, 
together w^^^ M^ Jn^: Humphry and M^*. Cleiue to take 
such cours w^^^ mv sonn for the orettinc^ of such sfoods • 
he hath left into yo^ hands, as yow shall find fitt : where- .|. 
in I humblie craue yo^ best aide and assistance, and that 
yow wilbe pleased amongst yow to dispos therof as it 
shall seeme best vnto yow for my benefitt: and also to ,:, 
dispose of my sonn as yow shall thinke best, the w^^ I 
will indeavor to requite, to the vtmost of my power. I 
thoworht fitt to name M^. Cleiue in the letter of Attor- 
nie, because he was heare p^'sent and by his aduise made 
bold w^^^ yow also. I craue p^don for my boldnes, and 
leaue all to yo^ dew considerac'; and humblie take my 
Icaue, restino- > , ;. , 

Yo^ Worp^ to be comanded 

THO: TAYLOR. . 



224 COLLATERAL DOCUMENTS. 

No. IV. 

Sir Ferdinando Gorges to Sir Hexry Vane, John 

WiNTHROP, AND OtHERS. . - 

To my muck respected freindcs Henry Vane, John IVin- 
thropp, John Haines, John Hnnifrey, and John 
Dudley, Esqnicrs, give the is luith speed. 

Maie It Please You, — ^Having receaved severall 
lettres from my servant Vines, and others, of the gener- 
all dislike conceaved against Mr. Cleeves, for having to 
doe with anie my affaires, by reason (as it is afHrmed) of 
the miscarriage of him, as well towardes myselfe in par- 
ticular, as the wronges hee offered them by his ifiisre- 
ports to mee of theire niiscarriage in theire places, where- 
by hee hath intruded himselfe into my good opinion soe 
far forth as to bee joyned with you in matters of soe 
greate trust, being soe unworthey; which complaint of 
theires hath so far forth prevailed with mee (if it bee soe) 
as to desire your favourable excuse ; and to give my 
order to my servant Vines for the righting of mee, and 
vindicating of himselfe, and the rest, taking an ordinary 
■course for the farther questioning thereof, and to pro- 
ceed therein accordinc^ as it shalbee found of more or 
lesse consequence, which I refer vnto your judgments 
(to whome hee is to adresse himselfe for justice) to cen- 
sure 



^ --.,,., , 



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J'ti/-' 



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COLLATERAL DOCUMENTS. 225 

sure as to you it shall seeme good, vppon a full hearing, 
and due prooffe made thereof. As for Vines, I know 
his honesty to bee such as I could not abandon him out 
of my affeccion, as formerly I haue written, yet I con- 
ceived it not amisse to rancke him with the rest in the 
gcnerall discharge, that it might appeare there was noe 
partiallity vsed, nor respecte of persons, for therein I 
spared not my nephewe, whome I esteeme next my 
owne children. 

As for Vines, I intend hee shall still continue Deputie 
Governour, and soe doe pray you to settle him as before 
hee was, and to joyne with him my nephewe Champ- 
ernowne, and such others as you shall receave notice to 
bee fittest for such service ; that thereby you maie avoid 
the troubles you may otherwise bee put vnto, by the 
maney trobbles that maie arise soe farr distant from you. 
What resteth more to bee done in this, I refer to your 
best resolucions, as tyme and occasion serves, wherein I 
feare I haue too much trenched vppon your favours. 
But my trust is, as shall bee my endeavours, that I maie 
attaine to the oppertunity to make you some kind of 
requittall, and that in some nature to your good likinges. 
In the meane while let mee tell you that being at Lon- 
don this last Terme, and daiely in Company with the 
Lordes, I heard nothing of the Commission Cleeves 

assured 



r." 



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226 COLLATERAL DOCUMENTS. 

assured mee was afoote, contrary to the expectation I had 
thereof,- vppon confidence of Mr. Cleeves reporte to mee. 
By which meanes I was (I fear mee drawne to abuse 
you vnwilllngly) by my certificate in his behalfe. But 
a little to excuse him therein, for that it might bee he 
was soe perswaded vppon such promises as Moorton 
his agent assured him, who since is wholely casheered 
from intermedlinge with anie our affaires hereafter ; but 
this I write to you in perticular, that you maie take 
private notice thereof, and howe much I am offended 
with my selfe for being over credulous of another, neither 
needes it seeme Strang it should beesoe, consideracion 
being had to the sincerity of one, and the fraude ^f 
others. But I will forbeare to say more in this subjecte, 
and onely leave all to tyme and oppertunity, desiring 
the assistance of the Most Highest to give me power to 
doe what shall make most for his glorie, and the publique 
good of his Church, to whose sacred proteccion I com- 
mitt you, with the assurance that I will approve my 
selfe. • i 

Your true friend, to serve you, 

FERDE : GORGES. 

Ashton Phillippcs, 23° Augustij, 1637. ' ^.,\ 

Indorsed by Gov. Winthrop, "S^: ffer: Gorge." 



c''\ '/:''] I' : ^^i -l^-^' 



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COLLATERAL DOCUMENTS. 



227 



No. V. 



First Generall Court holden at Saco the 25TH day 

OF June 1640. 

George Cleeves, gen. Foreman of the Grand Jury. 

.Plaints cjitercd at this Co2irte: 

George Cleev^es of Casco, gen. pit: Jn^ Winter of 
Richmond Island, deft, an action of trespas upon the 
case. 

The same pit. against the same, deft, an action of In- 
terruption. Mr. Abraham Shurt and Mr. Thomas Wil- 
liams become speciall bayle to the plaint, in a thousand # 
pounds, that the defend, shall appeare to both these 
actions at a Court to be holden here the 8th day of Sep- 
tember next. The plaintiff here declares in both ac- 
tions ; and the defend, is ordered by the Court to bring 
in his answeares unto Richard Vines, Esquire, at or 
before the 25th day of August next, and the defend, is . 
ordered likewise to put in his replyes at or before the 
first day of September next. 

Jn^ Hickford, plaint. George Cleeves, gen. and Rich- 
ard Tucker, defendants: an action upon the case. The-- 
plaint. for not declareing, was non-suited, and ordered to 

pay the cost of the Court. 

George 






CJ 



A 



22Z COLLATERAL DOCUMENTS. 

George Cleeves arbitrator with Arthur Mackworth 
in case of John Bonython vs. Richard Gibson. 

The complaint of Jn^. Hickford against George 
Cleeves, gent, and Richard Tucker. 

The Complainant humbly sheweth that whereas 
about the 14^^ day of November, 1637, there was an 
account passed betweene the complainant and George 
Cleeves and Richard Tucker upon w^^ account ending, 
among other goods the said George Cleeves and Richard 
Tucker for satisfaction did sell and deliver to the com- 
plainant one thousand of clapboards, craveing" then from 
him a generall acquittance, w^^' the said complainant did 
then likewise give the said George Cleeves and Richard 
Tucker they promising the complaneant that if he could 
not enjoy the said clapboards that they would notwith- 
standing the said acquittance, give him satisfaction for 
them according: to the rate he tooke them, notwithstand- 
ino: the said Geonife Cleeves and Richard Tucker did 
formerly know that the said clapboards were in con- 
troversy, nether can the complaneant enjoy them, and 
they utterly refuse to give the complaneant any satisfac- 
tion for the same. Whereupon he humbly intreateth 
this Court to take the same Into consldcrarjon and to 
grant him the like privilcdge wci» the honorable Court 

of 



/ , 



COLLATERAL DOCUMENTS. 229 

of Chancery affoordeth all his ma^*^^ subjects In cases of 
this nature. 

Your humble petitioner, 

JOHN HICKFORD. 

The Court hath ordered the defendant to answeare 
to this bill at the next Court to be holden here. 

Memorand. that here is a matter depending in this 
Court betweene Mr. Edward Godfrey and Mr. George 
Cleeves, concerneing 20/" w^^ the said Edward Godfrey 
doth demand of the said George Cleeves by virtue of an 
order out of the high Court of Starrchamber for costs 
in that Court by a spcciall writt. 

George Cleeves arbitrator in case Thomas Crocker vs 
Thomas Cammocke and Ambrose Berry. 

Case of Jn^ Winter for extortion. 

At a Courte holden at Saco, in the Province of Mayne, 
the Sth day of September, 1640. 

George Cleeves of Casco, gent, plaint. Mr. Jn^ Win- 
ter of Richmond Island, defend an accon of trespas up- 
on the case for the trover. 

The same plaint, against the same defend, an accon 
of Interruption. 

George Cleeves arbitrator incase Hugh Yeo vs Tho. 
Purchas. GeorQ:e 

30 



■\o 



}^\ /'Wf.'l 



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230 COLLATERAL DOCUMENTS. 

George Cleeves arbitrator in case of Jn^ Richards vs 
Francis Knight. 

Jno. Hickford, plaint. Jno. Lander, defends Jn^. Lan- 
der, plaint. Jn°. Hickford, defend. Cleeves arbitrator. 
Early Records of Maine Vol. i, pp. 60, 68, 69, 70. 



No. VL ■ 

Orders made the 17TH of Septem'ber, 1640. 

Whereas a difference had bin formerly befvveene 
George Cleeve, gent, and Will"^. Ryall, it was ordered by 
this Courte, w^^ consent of the said pties. that the matter 
in difference should be arbitrated by Mr. Robert Jordan, 
Geo. Frost and Jn^. Baker, this 15th day of September, 
1640. Now the said awardsmen doe publish this their 
award in this Court, viz : that the said Geo. Cleeve shall 
pay or cause to be payd to the said WilU". Riall, five 
pounds starling on the 12th day of October next, at the 
•now dwelling house of Mr. Arthur Mackworth, and if 
the said George Cleeve shall pay the aforesaid money in 
swine or gotcs the said swine or gotes to be prized by 
the said Arthur ^vLickworth and Arnold Allin as they 

are 



.c'l ,, -i ^'; :>o(i Aj-.>\:n i i ' ^ 



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COLLATERAL DOCUMENTS. 231 

are worth in reall money, and for non payment on the 
day aforesaid the said Geo. Cleeve to pay the said Will™. 
Riall five pounds more. 

Given under the hands of 

ROBERT JORDAN, 
GEO. FROST, 
JNO. BAKER. 

Geo. Cleeve, gent, and Will™, Riall bound themselves 
each to other in one hundred pounds starling to stand 
to the award of those men. 

i 

George Cleeve Arbitrator in case of Robert Knight 
vs Francis Kniorht. 

Early Records of Maine Vol. i, pp. 95, et scq. 



No. vn. 

Richard Vines to John Winthrop. 

ffor Mr, Wen trope. 

Sir, — Three or 4 yeares since Mr. Cleiues, being in 
England, procured a writ out of the Starr Chamber office, 
to command Mr. Edward Godfrey, Mr. John Winter, 

Mr. 



I ' ' 



232 COLLATERAL DOCUMENTS. 

Mr. Purches, and my selfe, to appeare at the Counsell 
table; to answear some supposed wrongs. Mr. Godfrey 
went over to answeare for himselfe, Mr. Winter, and my 
selfe, and out of the same Court brings a writt to com- 
mand Cleiues to pay vnto him 20 li : for his charges, 
which he refuses to doe. Now Sir Fferdinando Gorges 
gaue me order to see Mr. Godfrey haue right in this 
case. Cleiues says we have nothing to doe, neither 
haue wee any power to levy money here vpon any writts 
that come out of England, for he will answeare it from 
whence it came. I shall humbly intreate your advise 
herein, what course is to be taken, that Tmay free my- 
selfe from blame and the malice of Cleiues, who is ^ fifire 
brand of dissentlon, and hath sett the whole Province to- 
gether by the yeares. I make bould to trouble [you] 
herin, as a case of greate dlfficultle, desiring your ans- 
weare by the first convenience. 

I vnderstand by Mr. Shurt that you desired some gray 
pease for seed. Out of my small store I haue sent you 
a bushell, desiring your acceptance thereof, ffrom 

Your ffreind and servant, 

RICH: VhNES. 
Saco, 25th Janu : 1640. 






I-.-: V 



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COLLATERAL DOCUMENTS. 233 

No. VIIL 

Richard Vines to John Winthrop. 

To the right worship full his much honored freind John 
Winthrope Esqr. Goveriior of the Massachicsctts 
Colony, these, Boston. 

Right Worshipful, — I am forced to complayne vnto 
you of diverse Insufferable wrongs don vnto Sir Fferdi- 
nando Gorges, his Commissioners and Province, by Mr. 
Cleiues and his agent, Mr. Tucker, who report that you 
protect and countenance there exorbitant practices, 
which I canot belelve, for I never yet knew you glue the 
least encouragement to any sinister practice. Mr. 
Cleiues having perswaded Mr. RIgby, (a worthy gent, by 
report) to buy the Plough Patent, which I esteeme no 
better than a broken tytle, by Mr. Rigby his authority, 
(and as he sayes by your approbaclon) he hath nom- 
inated Commissioners, a Coronell General!, Provost i\Lar- 
shall, and other officers, extending: his ^rovernmcnt from 
Sackadehock to Cape Porpus, being aboue 13 leagues In 
lenght, haveing likewise appoynted a Court to be kept 
in Cascoe bay the 25th of March next, and hath (but 
this by past wecke) sent his agent Tucker with a paper, 
perswadi ng all such as he findes any way inclyning to 
innovation, to set there handes to it, for the better ap- 
proving 



h'.A^^ 






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r.od 



234 COLLATERAL DOCUMENTS. 

proving of what they haue begun, and allsoe to intreate 
your Worship and the rest of your magistrates to defend 
them from Ffrench, Indians, and other enemyes, which 
wee construe to be Sir Ffard : Gorges Commissioners. 
Neither hath Cleiues (as he ought) presented any his 
authority at our last Generall Court ; but, 2 dayes be- 
fore our Court, tooke a vioage into the bay and all the 
way as he went from Pascataquack to Boston, he report- 
ed he was goeing for ayde against mee, for that I had 
threatned him and his authority to beate him out of this 
Province. By this false report and many other the like, 
I am held an enemy to iustice and piety. Sir, I pro- 
ffesse vnto you ingeinously, I never threatned him di- 
rectly nor indirectly, neither haue I seen him since he 
camme out of England. I haue suffered him to passe 
quietly through our plantacion, and to lodge in it, all- 
thoughe I haue binn informed that he was then plotting 
against mee. I am troubled at these seditious proceed- 
incfs ; and much more at his most notorius scandalls of 
Sir Fferdinando Goroes, a man for his ao^e and in in- 
tegrity worthy of much honor ; him he brandes with the 
foule name of traytor by curcumstance, in reporting 
that he hath counterfeited the King's broade Scale, (if 
he haue any Patent for the Province of Mayne) ffor, 
sayes he, I haue serched all the Courtes of Record, and 

can 



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COLLATERAL DOCUMENTS. 235 

can finde noe such orrant. How could he haue sriuen 
that graue knight a deeper wound in his reputacion, the 
which I know is more deare to him than all the wealth 
in America. He likewise still maynetaynes his false 
report of his death, in his fflight Into Walles, not with 
standing a letter dated the 25th of gber last, from a 
marchant in London, of very good credit, and brought 
in Mr. Payne his ship, which letter imports Sir Fferd : 
Gorges his good health, with the restauracion of his pos- 
sessions agayne. Sir, I haue made bould to lay open 
our grevances, desiring you to take them into your graue 
consideracion, hoping if wee be forced to take such 
courses with Cleiues as the necessity and the equity of 
our cause requires, you will not thinke wee haue don 
amisse in it; }'ett we will (if possibly we may) forbeare 
till I heare from vou. Now for the Patent that Mr. 
Rigby hath bought, it is not from our kings majestic, as 
Cleiues reportes, but from the President and Counsell 
of New-England, as myne and others are, wherein Mr. 
Rigby hath from there LL: "^'^ Jura Rcgaiia.hixt his 
majestic takes that away by his royall grant to Sir Fferd : 
Gorges bearing date the third of Aprill, in the fifteenth 
ycare of his hiirhnes rai<ine. Now I conceue Mr. Ricrbv 
his airent is but to recover soe much land as the grrant 
specifies, and to relinquish there Jura Regalia, as you 

may 



?f *; 



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236 COLLATERAL DOCUMENTS. 

may perceiue in the last clawse of our grant herewith 
sent you. I am very confident that Sir Fferd : Gorges 
hath not as yett disposed of his lands here, for with- 
out question he would haue given notice of it to his 
Commissioners; and therefore we ought not, vpon the 
bare reporte of Cleiues, to relinquish either his right of 
possessions or governm.ent. Yet I did ever, and doe in- 
tend, whensoever Mr. Rigby shall send over people, to 
lett them settle peaceably, to ayde and assist them to the 
best of my power, without questioning of rneufn et tuum; 
ffor this I know, if Sir Fferdinando Gorges and Mr. 
Rigby meete, all matters wilbe quietly ended, if there be 
no incendiares here. I will endeavour for peace, soe fa^ 
forth as I doe not betray the trust confided in me by my 
honored ffreind and quondam master. I haue ever found 
you my worthy freind, far beyound my deservings, and 
haue therefore freely applyed my selfe vnto you, vnto 
whome I am ever obeliged to remayne 

Your faythfull freind and servant, 

RICH: VINES. 
Saco, the 9th of Januar}^ 1643. 

Good Sir, present my humble seruice to your vertu- 
ous wife. ■ 

Indorsed by Gov. Winthrop, "Mr. Vines about Mr. 

Cleues 



I A . \ : /„ / 



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COLLATERAL DOCUMENTS. 237 

Cleues, and a copy of some parte of the Proulnce Patent. 
Rec: (i) 8, 1643." 

[Extract from the Grant of the Prouince of Maine to 
Sir Ferdinando Gorges, enclosed in the preceding 
letter.] . - 

Nevertiielesse our intent and meaninge is, that out 
of the premisses hereby granted or mencioned to be grant- 
ed, there shalbe ahvayes saved and reserved to all and 
every such person and persons as haue or hath any law- 
full grant or graunts of l.andes or Plantacions, lawfully 
setled in the division and premises aforesaide, the free 
holding and enjoyeing of his and there right, with the 
libertyes there vnto appertayning, he and they relin- 
quishing and layeing downe his and thcr Jtcra Regalia, 
(if he or they haue any) to the said Sir Fferdinando 
Gorges, his heires and assignes, whome wee haue hereby 
made proprietour of the province, division and premises 
aforesaid, and payeing some small acknowledgment to 
the saide Sir Fferdinando Gorges, his heires and as- 
signes. In witnes wheir of wee haue caused thes our 
letters to be made Patents. Witnes our selfe at West- 
minster, the third day of Aprill, in the fifteenth yeare 
of our raigne, <S:c. 

Copiavera RICH: VINES 



31 



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238 COLLATERAL DOCUMENTS. 

No. IX. 

George Cleeve to John Winthrop. 

To the honered John Winthrop Esquire Gouer7iour thes 
preseiit, 

Casco Bay this 27th of the 11 month, 1643. 

Honered Sir, — With my most humble sarvice I salute 
you, accnolidging my duty of thankfullnes to you for all 
formar favors shewed mee ; and whereas you were plesed 
at my request to writ to Mr. Vines and others in behalfe 
of Mr. Rigbies authority, of which I informed him in my 
last lettars, assuring myselfe that hee will not be vnmynd- 
fuU to requit your love therein. What Mr. Vines an- 
swered you I know not, but thus can afferme and proue, 
that by his practis he doth slitly regard your advice 
therein (as may appere by the supplication of the inhab- 
itants of Ligonia and other passeges, the truth whereof 
this bearar can informe you, as allso of there c[on]- 
saltations with Mr. Jurdin a ministar of antichrist, there 
chefe counsellar) who doth not only calumniate and slan- 
der the parliament of England with vile reproachfull 
termes, as rebellious, factias trayteros parssons against the 
kins:, but allso belteth out his blasfemise ao^ainst the 
churches of Christ in this land, charging them with 

* 

scisme 



,r:Tv'I.-M^j30a 



XI 



< ' ■ ; ' 



y^ ' . 1 



( I 



COLLATERAL DOCUMENTS. 239 

scisme and faction for fasting and praying for the afflic- 
tion of there brethren in England; denying it to be the 
hand of God vpon the land for sInn nor the occation of 
papist or evell counsellars, but for the rebellion of the 
Parliament and the purltant faction there ; with many 
othar passeges of that vnworthy Ballitte, of which this 
bearer Mr. Tuckar, can informe you, as allso of Vines 
his dealings with him, and of his thretning to send mee 
pressonar to England in Mr. Trelanles ship, which infor- 
seth mee once more to joyne with the inhabitants of 
Ligonia and humbly to desire your assistance against 
there vnlawfull practisses; and so mvch the rathar for there 
wicked opposition of the ways of Christ. They seeing ^ 
vs about to settle our selues vndar the ministry, and 
that wee ar in hope that the Lord will gathar a church 
amongst vs, this causeth them and there prclatticall 
counsellar to raidge, which will insite you to assist vs so 
much the rather. I nede not here acquaint you what ty tie 
they pretend to haue from the king, allthough we never 
saw any, nor know of any they haue, seing you bcttar 
know than myselfe that the king can not lawfully grant 
what was formarlie granted by that accte of Counsell 
established at Plymmoth, to whose bettar judgment I 
submit, beseching you to answere the inhabitants petish- 
ion and hopefuU expectation, committing you to God s 

holie 



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240 COLLATERAL DOCUMENTS. 

holie protextion, resting evar reddy to sarve your com- 

mande 

Whilst I am GEORGE CLEEVE. 

Indorsed by Gov. Winthrop, " Mr. Cleves Lettre to 
me." 



No. X. 

Richard Vines to John Winthrop. 

To the right zvorshipftill his viiich honored freind John 
Wenthorpe Esqr., Governonr of the Massachusetts 
Cotloney, these, Boston, 

Right Worshipful, — I haue formerly sent you two 
letters, the one in answeare of yours, concer[n]ing the 
busines of Mr. Scott, the other declaring in part the se- 
ditiou[s] and malitious practices of Mr. Cleeues and Mr. 
Tucker his agent, against the peace and government of 
this Province, and vnder pretence of authority from Mr. 
Alexander Rigby, a worthy gentleman (as I haue bin 
tould by your worship and others). I presume he will 
not tollerate any irregular or exorbitant courses, either 
against publique government lawfully established or 
against perticular persons, for a private revenge. Mr. 

Cleeues 



1 .' 



.r:-;-/:MMIJj(Ki l/.A'AYL ! 



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COLLATERAL DOCUMENTS. 241 

Cleeues endeavours the ruine of both, as by my former 
letter to you is evident. Since which tyme he hath held 
a court at his house, where were all the refractory men 
of our Province and few other. They framed a letter, 
directed to Cleeues and my selfe, telling vs that it was 
ther resolucions, (and that they would stand to it) that 
wee should try our rights of government before the 
worthy magistrates of the Massachusetts Bay, till it 
shalbe otherwise made knowne vnto them by a tryall in 
England; if not, they will stand as newters, and obey 
neither. This I know to be Cleeues his plott to bring 
vs all into a distracion, and a mutiny, for he knows that 
neither my selfe, nor any other of Sir Fferdinando 
Gorges Comissioners, haue power to try his title either 
of land, or power and authority for government here, 
without his authority soe to do, neither do I beleiue 
that your worship and the rest of your honored Court 
will medle with any tryall of this nature. 

There is like wise by Cleiues a letter of consosiacion 
which I menconned in my former letter, which I haue 
not scene, but our minister Mr. Jenner, tells mee that 
the enginere hath soe cunningly contrived it, that all 
those that have sett there handcs to it, for matter of 
defence against all invasion, haue likewise acknowledged 
Mr. Rigby to be there Governour, being vttcrly igno- 
rant 






r . "I 



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} 



242 COLLATERAL DOCUMENTS. 

rant of his deceipt therein. Tucker being here 7 dayes 
since, Mr. Smith, our magistrate for Saco, and my selfe 
examined him vpon the premises ; he gaue vs peremtory 
and abusiue language, wherevpon we asked him for good 
security for his good abearing and for his appearance at 
our next Court; he refusing it, we comitted him to the 
marshall ; the next day he acknowledged a recognisance 
of 40 li. for his appearance, and was dismised. He de- 
served much more, but we forbeare till we heare from 
your worship, which I desire may be speedily, for the 
preventing of sudden mischeife and mutinous practises. 
I would haue sent you a copie of there letter to me, but 
that I heare the same is comming to you by Tucker, 
who is goeing for the Bay with these letters serupti- 
tiously gotten, thereby to strengthen there faction, but 
I hope your worship will seriously in your wisdom con- 
sider what I have written, and according to the equity 
of our case, send me your advise. Thus ceasing furder 
to trouble you at present, I rest 

Yours to be commanded, to the best of my power 

RICH: VINES 

. Saco, 29th of Jan. 1643. a 

. Indorsed by Gov. Winthrop, "Mr. Vines (11) 29, 
1643." 



'-. ; t . ■ '■■' 



T.'. : 



COLLATERAL DOCUMENTS. 243 

No. XL 

George Cleeve to John Winthrop and Edward 

GiBBINS. 

To the Jionered John Wenthrop Esqicr, a7id to my loving 
ffrend^ Captaine Edzoard Gibbens of Boston thes 
prese7it 

Honored Sir, And Loving Ffrend, — Whereas the 
honerable Court of parliament was plesed, vpon my pet- 
tishion presented vnto them, to derect ther honorabl 
ordar vnto you in speciall, and in cace of mortality to 
othars mentioned in the said Comishion, to take the 
answers of partis and wittnesses, and the same to returne, 
the whole prosedings I haue here with sent, and do 
humbly desire you to send your warant to cale before 
you Mr. Richard Vines of Sacoe, and Mr. Edward God- 
frie of Agamenticous, to appeare before you at a cartine 
day to com, which I conceaue will be most fit, in regard 
of mens occasion of planting, to be about the midest of May 
next ; as allso in your warant to rcquir the apparanc of 
John Dakar of Pascattaqua, and Frances Robinson of 
Sacko, and Andrew Algar of Strattons Island, as allso 
John Bonithon, gen. William Royall, and Mitchell Mit- 
ton, and Richard Tucker, to proue the artickles ; and as 
I hope you will put in execution the authority of this 

honorable 



/., 



244 COLLATERAL DOCUMENTS. 

honorable Court, so I desire that you will send your 

warants by this bearar, Mr. Tucker, who will with trust 

deliuer them to the seuarall perssons so sommoned, 

and will make retorne of there answers, that so you may 

make retorne of there answers according to the de- 

rection of the said ordar, for which, as allso for all 

formar favors I will ever acknowledg my selfe oblidged 

to be 

Your humble sarvant 

GEORG CLEEVE. 

Casco Bay, the 2th day of the last month, 1643. 



No. XIL • ^ 

Richard Vines to John Winthrop. 

To the right zvorsJiipfiilt his honored f^^eind John IVin- 
thrope Esqr, Goveriiour of the Massachtcsetts Colo- 
ny^ these, Boston, ■' '*•- ^ 

• Right Worshipfull, — I haue lately written vnto you 
two letters concerning the evell practices of Mr. Cleiues 
and Mr. Tucker, tcndinu: to the ruine of this Province. 
Now hearing tliat Tucker is gone to your worship with 

false 



.( ' .' / 



I • 



' • / Ik." 



• f ii.:.- 



COLLATERAL DOCUMENTS. 245 

false certificates, at least wise fraudulently gotten, many 
haueing sett there handes to they know not what, and 
besides, a greate part of them ar bound oyer to our 
Courts for notorious offences, and therefore are easily 
perswaded to set there handes to any thing that may be 
preiudiciall to a peaceable goyerment. They reporte 
that you will ayde them, and Tucker is now s^on for 
that purpose, with a letter of consociation, in which Cleiues 
hath cunningly made all those that haye subscribed to 
acknowledge Mr. Rigby to be there Goyernour ; and yet, 
in a letter to Cleeues and my selfe from that ignorant 
route they will obey neither Sir Fferdinando Gorges, nor 
Mr. Rigby his authority, till there be a tryall for it. 
This letter is likewise sent to your worship, with twen- 
ty handes to it. You may be pleased to enquire of this 
bearer, Thomas Rogers, what manner of people they ar. 
There pretence for ayde, is to defend them against the 
French, but there is no such cause, but only to mayne- 
tayne there seditious and mutinous practices against Sir 
Fferdinando Goro^es oroyerment. I shall therefore 
humbly intreate your worship to consider of my two 
former letters with this, and to send me your answer by 
this bearer, and likewise to stop the currant of Cleeues 
his illegal proceeding, and not to ayde them, till there 
bee iust cause. Haueing formerly written at large of 

this 

32 



246 COLLATERAL DOCUMENTS. 

this turbulent people vnto you, I cease farder to trouble 
at present, resting 

Your assured freind and servant, 

RICH: VINES 
Saco, the I2th of ffeb : 1643. 

Indorsed by Gov. Winthrop, " mr. Vines (12) [] 
1643." 



• No. XIIL 

Grant of Casco Nfxk and Hog Island from Sir 
Alexander Rigby to George Cleeve. 

This Indenture mad betweene Allexander Rigby, of 

Rigby in the County of Lancaster, In the kingdome of 

England Esq^ on the one part'^ : and George Cleeue and 

^^o'^y ) K.ichard Tucker of Casco in the 

& V prouince of Lygonia in New Eng- 

Cleaues & Tucker J land, in America Gentle^^ on the 

other party witnesseth, y^ the sd Allexander Rigby, for 

•& in Consideration of a Competent some of money, and 

for diuerse other good Causes, and Considerations him 

yr vnto mouing, doth by these P'sents alien, bargaine, 

sell, sett, and ConHrme vnto the sd Geo: Cleeue, and 



1 r 

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COLLATERAL DOCUMENTS. 247 

Rich : Tucker, and y^ assignes, all that on leland Called 
Hogg Island, now in the possession of the sd Geo. Cleeue, 
and Rich : Tucker, scituate and lying and being in Cas- 
co bay, over aganst a Certen poynt of Land Called 
Machegone, and all that part or parcell of Land in Ly- 
gonia afore sd lying with in the boundary and Deuises 
hereafter mentioned, that is to sav bec^inins: at the sayd 
poyn^ of Land Called ]\Lachegone, and from thence go- 
ing, westward, along the side of Casco bay, vnto a place 
where the nex'^ River runninsf neere to the now dwellino- 

o o 

house of the sd Geo : Cleeue and Rich^. Tucker and Is- 
sueing out of a little pond falleth into Casco bay and 
from thence assendincf the North East side of that Riv- 
er, to the nex'' Fall in that River, and from thence In a 
ri2:ht streicrht and direct Lvne, vnto the last fall In the 
River Pesumscatowitt, that fall therein which is nex^ 
vnto the sea, and from thence discending downe the 
south west side of that River, vnto a place w^ y^ River 
F'alleth into Casco bav, and from thence sroeth alonir the 
side of Casco bay, vnto the sd poynt Called Machegonne, 
with all and singular wood^ underwood^ water^, water 
Courses, fishing^, fowlings. Mines, Mineralls, as well as 
gould and silver, as other Mines and Mineralls, pretious 
stones, and quaryes whoever, within the sd boundarys 
and deuises with there and euery of there appurtenan- 
ces, 



V 



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'i Cf. 






248 COLLATERAL DOCUMENTS. 

ces, and togeather alsoe with free liberty to fish and 
fowle in and vpon the sd River Pesumpscatowitt be- 
tweene the sea and a Certen place in that River which 
is distant fiveteene hundred yard^ from the sayd last 
fall of that River, and togeather alsoe with free Lyberty 
to fish In the sea afore sd, and In that part of the shoare 
there of, which lyeth betweene the sd Island and the sd 
Land^ Contayned within the sd boundary or deuise To 
have and to hould, the sd leland, and all and sin2:ular 
the sd Lands and premises before by these P'sents men- 
tioned, to bee Alienated barganed, and sould, with there 
and eury of there appurtenances, vnto them, the sayd 
Geo: Cleeue and Richd Tucker, and y^' assignes, from 
hence forth for and dureing the tearme of Two thousand 
yeares, now nex'^ and Imediately Ensewing, and fully to 
bee Compleate, and ended without Impeachment of or 
for any manner of wast, and with free lyberty to do and 
Committ all manner of wast what soever, yeilding and 
paying there fore yearely vnto the Kings Majesty his 
heyres and successors, one fifth part of all thegould and 
silver oare to bee had, or found in and vpon the sd Land 
before mentioned, to bee barganed, and sould, And yeild- 
ing and paying yerely for the sd Island, vnto the sd Al- 
lexand^*. Rigby his heyres and Assignes soe many seuer- 
all somes of One farthing of law full money of England 

as 



. ■^I •♦• 



.d'iyi3U.M ''iM M 



'l ■>■•'■ I ) 



♦ > 



COLLATERAL DOCUMENTS. 249 

as y^ are severall Acres of Land In the sayd Island to 
bee yearly payd to the sd Alexander RIgby his heyres 
and assignes in and vpon the first day of Aprill, and the 
first day of Octob'^ yearly by even and equall portions 
for all services, and demand^ and alsoe yeilding and pay- 
ing yearely for the sd land^ contayned with in the sd 
boundary and deuises soe many seuerall somes of one 
farthing of lawfuU money of England as y^ are seuerall 
acres of land with in y® sd boundary and deuices to be 
yearely pd. to y^ sd Alexander Rigby, his heyres and as- 
signes in and vpon y^ first day of Aprill and the first 
day of Octob'". yearly by even and equall portions" for all 
services and demands to the Counsell established at 
Plymouth in the County of Deavon, for the planting, 
rulinsr, orderino^ and Gover'inci; of New Ens^land aforsd, 
and y^ successors for ever, one pecke of the best bread 
Corne, Accompting two Gallons after Winchester meas- 
ure to every pecke, for every hundred Accrs of the sd 
Land'\ soe as aforesavd, bar<janed and sould vet not- 
withstanding the premises, the sd Alexander RIgby doth 
for himselfe his heyres and assignes, Covenant and 
agree with the sd Geo : Cleeue and Richd Tucker, and 
y^ assignes, that he y^ sayd Alcxand"" RIgby, his heyres 
and assignes shall yearely from tyme to tyme vpon the 
payment of the sd yearely rents, of on farthing vnto him 

or 



C?^'- 






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( ! 



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250 COLLATERAL DOCUMENTS. 

or them, at anie tyme, or tymes within tenn yeares now 
nex^ Ensewing repay vnto the sd Geo : Cleeue and Rich- 
ard Tucker and y^ assignes, the seuerall somes of one 
farthing for euery seuerall Acres of the sd Lands lying 
within the sd boundary and deuises for as aforesayd, 
barganed, and sould, as shall not then before that tyme 
have beene used, or occupied for arable Land, Meddow 
or Inclosed pastures, by the sd Geo : Cleeue and Rich- 
ard Tucker, and y^ assignes or substitutes, or some of 
them & these P'sents witnesse that y^ s^ Acres are to bee 
Accompted after y^ measure of eight scoore pearches to 
euery Acre, & a square of sixteene foote to euery pearch, 
& in witnesse here of the partys to these P'sents taue 
to the seuerall parts thereof Interchangeably sett yr 
hand^ & seale^, this three & Twenteth day of May, in 
the yeare of our Lord god, on thousand six hundred 

fourty Sc three. 

ALEX: RIGBY 

Sealed & deliuered In 

the P'sence of 
William Wallwvn 
Thomas Morton 
John Bridgreaves 

•* Vera Copia, transcribed out of y^ original & y^ with 
Compared word for word, this 26: June: 60: as Attests 

EDW: RISHWORTH: J^e: Cor: 



riJlV:iir']jO(] 1. 



J . t - 



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COLLATERAL DOCUMENTS. 251 

No. XIV. 

Thomas Jenner to John Winthrop. 

To the right Worshipfull his very worthy friend Mr. 
Wintrop, Deputy Goueriioitr of the Massat : Bay at 
Boston, giiie these. 

Right Worship, — This is to certifie you of my safe 
returne to Saco, though with some danger. Being re- 
turned ther, I found one of my neighbors dead, who had 
drowned herselfe the day before my arrivall, by meanes 
of Satan's violent temptations, perswading her that she 
was a reprobate ; of whom I had good hopes. About a 
month after that, God struck the husband of the sayd 
woman with sudden death, one, on whom God had lately 
wrought a o-ood worke. About fortnii^ht after that, God 
struck another with sudden death, and visited with a 
sharpe sickness the most families of our River, but di- 
verse of them, thanks be to God, are comfortably re- 
couered. In the heate of God's visitation, I began to 
consider what it was that might move the Lord so bit- 
terly to afflict vs ; amongst other evils, I came to vnder- 
stand that ther was amoni2:st vs the 2:uilt of breach of 
promise, and that amongst our magistrats : ffor by a 
letter wrot from your selfe to the inhabitants of Lygonia, 
I vnderstand that Mr. Vines had solemly engaged his 

promise, 



;^ : :■: u/ ^ jOri f 



I 



2^2 COLLATERAL DOCUMENTS. 

promise, that they would sit still, & make no proceed- 
ings against ]\Ir. Tucker, or any other (except Mr Bony- 
thon) before your selfe shall certliie them of such orders 
as ye may receiue out of England, which may concerne 
the difference betweene those here, &c. I vnderstand- 
ing here of, made bold to put Mr. Vines in remembrance 
thereof, wishing him to consider if he & the rest of them 
had not apparently broken that solemne promise, and 
that often times; for spedily after Mr. Vines returne, 
they sent their warrants for Mr. CI. Mr. Tuck., and their 
■adherence. Since that they sent 4. or 5. armed men, & 
fetched before them Mr. Henrie Wats, &: bound him 
with his surety to make his appearance here at their 
Court at Saco, the 25 of the i m., the which he did, & 
produced your worships letter for his excuse : not with- 
standing they either would force him to submit to their 
Goverment, or pay a fine., who rather then he would 
pay his fine, submitted for the present, but is forthwith 
departing the province. That which most offends me is, 
that Mr. Vines hath both privately & publikly in Court, 
denied any such covenant or promise as your worship 
hath expressed in your letter to the inhabitance. Be- 
cause I could not take satisfaction at Mr. Values absolute 
deniall of the promise, Mr. Vines is fallen out with me 
bitterly, & threatens me to my face, when time shall 

serve. 



' . -♦ 



/ : 



COLLATERAL DOCUMENTS. 253 

serve. Also finding him vnfaithfull to me in other mat- 
ters (viz.) privately forewarneing some to pay me any 
stipend, & yet deniing it to my selfe when I louingly 
told him of it, but was proved to his face in open Court 
this weeke, onely by Divine Providence, without the least 
act or motion of mine owne, wher upon for theise 
and many other reasons, I openly, at the end of the 
Court, gave the people to vnderstand that I was fully 
determined to depart 8c leave them, wishing them to 
look out for another minister: ffor I was sensib[le] 
of further mischeife, & danger is like still to ensue, 
they being resolutely bent (notwithstanding your gracious 
letter of advice to the contrary, read openly in the 
Court) forthwith to apprehend Cleaues & Tuckar, 
& to subdue the rest vnto their obedience and to that 
end haue fitted themselues with bilbowes, and or- 
dained Capt. Bonython, Colonell General : and will not 
by all good counsell be diverted ; I think counsell, to 
the contrary, doth rather (like oyle on the fire) enflame 
them. They take great offence at Cleaues & Tuckar 
for charging them with basenesse, for their perfidious- 
nesse & promise breaking with them. Truely I thinke 
verily that the maine motiue which stirs them on to be 
so violent against Mr. RIghbles conduct, Is their mani- 
fold debts to people in the Bay 8c else wher. Now, so 

long 
33 



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, 4 



254 COLLATERAL DOCUMENTS. 

long as they haue the stafe in their owne hands, they 

care not. No man scarse durst to aske for his owne, 

much [less] to sue for it. ; 

I humbly craue your prayers ; also your remembrance 

of me as God offers opportunity. I know not what to 

do, but mine eyes are to the Lord, on whom I cast my 

care, for he careth for me. So I commit you to the 

Lord, and rest 

Your Worships to command, 

THO: JENNER 
Saco, I m. 28, 45 

I humbly intreat you to remember my kind respects 
of Mrs. Downeing, your good sister, who entertained me 
kindly in my returne, & desired much to heare of my 
safe returne. 

Indorsed by Gov. Winthrop, "Mr. Jenner, Rec. — 
(2)10, 46." 



No. XV. 



Letter of George Cleeve to Massachusetts 

Authorities. 

To the /lonercd Govcrncr and Dcpitic Governer & Court 
of assistants of the MassccJiusets Collenie thes 
Honered Sirs may it plese you I haue latlie Receued 

from 



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COLLATERAL DOCUMENTS. 255 

from M^ RIgbie lettars of derectlon & advice to pcede in 
the Goverment of his pvinc of ligonia: And becase we 
ar opposed by m^ Vins & othare his Confederats that we 
could not psede according to our instrvctions and being 
daylie threttned and ar still in dangar of our Hues and 
allso to haue our estats [seazed on] by them for not 
Submitting to a pretended Athoritie to them giuen by 
sir farthinando Gorges without any lawfull Comishion and 
therevpon we ar in danger to be Rvened and vndon vn- 
les the lord do move yo^ harts to ptect vs with yor assist- 
ance. 

I do not hereby psume to derect you but humbly 
Craue leeve to shew myne opinnion which is that if you , 
will be plesed to writ by yo^ Jenerall lettar to our oposits 
to deter them from there illeagall psedings and a lettar 
to our people of legonia to advice and incoridg them 
that not withstanding Air Vines and the rest do op- 
pose that they may and ought to adheare to m^ Rigbis 
lawfull Athoritie, I hope you shall not nede to put yo^ 
selues to any farthar truble to finish the worke, and in 
so doing you will much obblidg AI^ Rigbie vnto you all 
who would doupless haue sent ovar othar ordar at this 
tyme if hee had knowne the jnivris offered him and vs. 

Thes lettars now Com ar An Answere of my lettars 
sent to him vpoji my first arivall, and not of the last nor 

of the 



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256 COLLATERAL DOCUMENTS. 

of the [one he had] of the Comishion as you may se by 
the date of them. I herewithall send you m^ Rigbis 
lettar of Requst to you and allso a lettar of his to mee 
whereby you may see how the parliament aproveth of 
his psedin and that we may expect farthar orders forth- 
with, and in the Intrim we do most humbly besech you 
to afford vs such spedie assistanc as the nessessitie of 
our psent Condishion Requireth and we shall for evar 
pettishion the throne of grace for you all and rest yo^ 
humble Sarvants 

ruonth day ^ 

Cascoe this 5 3 1645 

GEORGE CLEEVE for and ia 
behalfe of the people of 
Ligonia 

We have heere sent you sevarall deposions takne before 
vs Consarning Robart [Nash] of Boston m^ Tucker be- 
inge an assistant Athorised by m'^ Rigbis Comishion 
vnder his hand and Sealle vntill the Jenarall Court shall 
eleckt there masfistrats and assisters. 

T George Cleue do affirme that about the 25^^ day of 
the third month last [i6]45 That 3 of Andrew Algars 
men of Strattons Island Came to my house in a botte to 
borow Scales and \vaits to way there fish and I ques- 
tioned 



< > • 



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COLLATERAL DOCUMENTS. 257 

tioned them about all that shutlnsf which trubled all the 
people in seuerall plantations and they tould mee that ' 
m^ Nash shot them and giuen them powdar to answere 
him againe and I allso demanded of them if they were 
not all drunck and they said that they were all merei. 

and fathar I affirme that I went and m^ tucker with . 
me to the howse of John Cussens and thomas Smyth 
in Cascoe bay and about 3 leages from my howse to 
haue tacken there testemonvconsarninor Nashes slandrins: 
yo^ Jenarall Court but Could not prevail with them to 
take ther oath they being refrecttorie and saith that 
nash is in ther debt, but Confessed verbalie to vs as 
they had formarlie tould m^ Holland of Dorchestar that • 
nash said that the Court had doon great wrong to a pore 
woman about a so we and that none Could haue Justice 
from you but such as were membars of the Church, and 
tould them they were as good Hue in tvrkie as Hue vndar 
such a goverment and tould them that there were 19 
wittnesses sworne against m"^ Cane* y*^ he being a mem- 
bar Carried the mattar against the poore woman and 
other words to this efecte and this is in the movthes of 
all our malignants it being reported say they by thouse 

that 



« 



Robert Keayne. The case against 
him which Cleeve alludes to, and 
which caused a great commotion in 



the Commonwealth, may be found in 
Winthrop's Journal, Vol. II, pp. 83- 
80. 



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258 COLLATERAL DOCUMENTS. 

that Hue amongst them and therefore is vndouptedlie 

trew. 

that this is there reports and as they afirme 
from Nash m^ Holland Can speak to the lick 
purpose and I shall be reddie to affirme vpon 
oath who am yo^ humble Sarvant 

GEORG CLEEVE 



c 



No. XVL 

Richard Vines to John Winthrop. 

Right Worshipfull And Ever Honored Sir, — I 
haue forborne to write vnto you a long tyme, by reason 
of your greate and continuall imployments in your State 
affayres, but now, hearing your assembly is dissolved, I 
make bould to trouble you with my greivances, which 
ar allmost insupportable, by reason of Mr. Cleaues his 
mallitious practices against our goverment, and my selfe 
especially : and he makes your selfe the mayne pillar 
that he rest vpon, for he sent a copie of a letter from 
you, to our last court, there to be published, which did 
contayne some kind of threatnings against vs here, if we 

should 



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COLLATERAL DOCUMENTS. 259 

should meddle with Mr. Clelues, but I did conceaue it 
was written vpon some misinformacion. He doth con- 
tinually rayle vpon me, and brand me with the name of 
traytor, besides his most false informacions to yourselfe 
and others. 

I like wise thinke I had some hard measure in com- 
mission that came from the Parliament, for that I did 
write to you that Mr Hen : Boade, and Mr. Mackworth, 
(who wer 2 of the Commissioners,) might haue had the 
Commission to haue examined the most parte of the 
peticioners against me ; it was refused and I never had 
answere of my letter; but you sent a note vnder your 
hand to Mr. Mackworth, to examine such as Cleues 
should brins: vnto him, which he refusing^ to doe with- 
out the Commission, then Cleiues giues 2 men ther 
oaths, that all was true contayned in a paper, there pre- 
sented ready written, which paper was sent to your selfe, 
to be retourned to the Parliament, to answeare the 
InterroGratories that were ao^ainst me. That Cleiues 
hath thus proceeded against me, I can proue by Mr. 
Arthur Mackworth his oath. I conceiue the proceed- 
ings against me herein haue not bin legall, neither haue 
I had that lawfull favour and meanes afforded me, to 
vindicate my selfe from Cleiues his most vniust accusa- 
cions against me, to the honorable house of Parliament, 

which 



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26o COLLATERAL DOCUMENTS. 

which may cause the utter ruine of my selfe and family ; 
ffor I professe I dare not come into the Bay, by reason 
of your letters before specified; and alsoe for fe are of; 
some mischeife should befall vnto my family in my absence, 
byCleiues hismeanes, forhe hath and doth dayly threaten 
my downe fall, and that if I come into Boston, I shall 
ly fast, or goe home without my leggs. Now I 
know not what misinformacion he hath given to your 
selfe or others there, of our proceeding here, but I can 
assure you we haue never don him any iniury, more then 
when our courts were nere, to warne him to appeare. 
Neither did I ever intend to deale with him, but in a 
lustifiable way. And as for Mr. Rigbie his right, which 
he makes his quarrell, we could never see any thing ffor 
it hetherto ; and to loose Sir Fferdinando Gorges his 
right, granted by the King's letters Patents, and our 
owne priveledges, upon Cleiues greate wordes, or vpon 
the report of an ould broken title (for we heare of noth- 
ing but the Plough Patent, which was desarted 13 years 
past;) for soe doeing wc might be iustly condemned of 
infidelity and pusillanimity. 

If there come order, either from Kins: or Parliament, 
for the establishing of Mr. Rigby in that patent, we will . 
submit to it, soe far forth as they doe not intrench vpon 
the liberties of Saco, (for our Patents wear granted and 

possest 



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COLLATERAL DOCUMENTS. 261 

possest a yeare before that,* and you knowe that all 
grants run, except before excepted ; if they should, we 
haue iust cause to complayn, and looke for right. Sir, 
out of the honorable respect and esteeme I haue of your 
worth, I haue made my greivances knowne vnto you, be- 
ing vnwilling to apply my selfe vnto you, being vnwill- 
ing to apply my selfe vnto any other, having from 
the beginning acquainted none but your selfe, here with, 
which I leaue to your wisdome to consider of, and to 
pardon such errors as I haue here committed, ffor op- 
presed mindes ar subject to folly and passion ; its my 
case now, as you may vnderstand by the premises. 

You wrote vnto me to retourne vnto you a man that 
served me, w^hich I intended to haue don by the first, 
but the fellow had some inkling of it and run away to 
Mr. Cleiues, who will not suffer him to come back, but 
hath married him to a young widdow of this place, who 
run after him, when I had forbid the banes here. There 
is some money es in my handes due for wages, and alsoe 
some goodes that he had by his wife, which I haue made 
stay of in our river. Mr. Jenner will certifie you at large 

hereof. 

Thus 

* Reference to the map of early dated by any subsequent conveyance 



grants in the Province will show this 
to be true. The patents on llie Saco 
antedated the Lygonia patent and 
could not properly have been invali- 



of the Council. Attention is called 
to this, as remarks in preceding pages 
relative to the validity of the Lygonia 
Patent might be misunderstood. 



I L 



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262 COLLATERAL DOCUMENTS. 

Thus ceasing farder to trouble you at present, with 
my best service to you and yours, I rest 

Your assured freind and servant 
RICH: VLNES. 
Saco,4th Aug: 1645. 

Indorsed by Gov. Winthrop, " Mr. Vines, 4 (6) 45." 



No. xvn. 



At a Generall Court holden at Saco in the Province 
of Mayne, the 21th day of October, 1645. * 

Wee whose names are hereunder written, doe testlfye 
upo our oathes, that wee never gave order to Mr. George 
Cleves of Cascoe in the Province of Mayne in New Eng- 
land, to prefer any petition or to exhibit any articles in 
Parliament against Mr. Richard Vines of New England 
aforesaid. Neither did wee either see or knowe of 
the said articles or petlcon untill the said George Cleaves 
did come last out of England ; neither can we testify any 
such things as are exhibited In the said petlcon or de- 
clared by his articles against Mr, Richard Vines by the 

said Cleaves. 

Arthur Mack worth 

Henry Watts 



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COLLATERAL DOCUMENTS. 263 

The mke. of S. Andrew Aulger. 

William Hamans 

John West .--.■■t::- 

The mke. of ^\ John Wadlowe . 

Peter Wear 

John Wilkinson 

John Smyth 

I Francis Robinson doe testify upon my oath, that I 

never gave order to Mr. George Cleaves of Cascoe in 

the Province of Mayne of New England, to prefer any 

petition or to exhibitt any articles in Parliament against 

Mr. Richard Vynes of New England aforesaid ; neither 

did wee either see or know of the said articles or peti- 

con untill the said Geor2:e Cleaves came last out of 

England. And I doe moreover testify that Mr. Thomas 

Jenner, minister of God's word told me he asked Mr. 

Cleaves why he putt men's hands to a peticon that they 

never saw, &: he said his answer was the Parliament bid 

him doe it. ' . , ., 

FRANCIS ROBINSON.' 

Taken before Henry Jocelin, Richard Bonithon, 
Edward Smale, Arthur Mackworth and Abraham Preble. 

Theise are to certifye whom it may concerne, that 

whereas 



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264 COLLATERAL DOCUMENTS. 

whereas there was a comission from the Parliament, 
bearing date the 28th of April, 1643, directed to John 
Winthrop, Esq. and others, myselfe being one of the 
Comision^^ for the examining of certayne articles ex- 
hibited in Parliament by Mr. George Cleve against 
Richard Vines, gent, the said Mr. Cleves came to my 
house about a year since w^^ certayne examinacons in 
writing, and required me Arthur Mackworth to give two 
men their oathes, to sweare to what they had there sett 
downe, neither showing me the comission or a duplicate 
thereof, but only a note from Mr. Winthrop w^^^ seemed 
to me a kinde of warrant authorizing me or Mr. Henry 
Boade one other of the said Comissioners to examine 
witnesses in our pts. w^^^ I thought to be noe sufficient 
warrant for me soe to doe, &: the rather for that there 
was in the said noate a race as I conceive (or) put in for 
(and) 8c thereupon refused to give them their oathes. 
Whereupon Mr. Cleves tooke a booke and swore them 
to that their examinacons against Mr. Vines. This as I 
remember was about a yeare since. In witness of the 
truth I have made oath this 29th day of October, 1645. 

pme ARTHUR MACKWORTH 

This oath taken before Henry Jocelin, Rich. Boni- 
thon, Fran. Robinson, Edward Smale & Abraham 
Preble. 



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COLLATERAL DOCUMENTS. 265 

No. xvin. 

George Cleeve and Others to the Governor, Deputy 
Governor, and Assistants of Massachusetts. 

To the honoured Goiiernour & Depuiie Go2ivernour & 
Court of Assistants in the Massattcsets Bay, these 
present. 

Honoured Sirs, — With our most humble service we 
salute yow In the Lord Jesus Christ. Shewing vnto 
yow that we are in great distresse by a company of fac- 
tious men, who haue leas^ued them selues toG:ether to 
murther vs, together with all the well effected in Mr. 
Rigbyes Province of LIgonia, vnder pretence of a pro- 
test against vs, whoe have severall Commissions from 
Mr. Rigby for the present goverment of his Province. 
The heads of this league are Mr. Henry Jocclyn., Mr. 
Arthur Mackworth, & Ffrancis Robinson, which Mr. 
Mack worth did willingly submit to Mr. Rigbyes au- 
thority formerly, «S: did subscribe to his Constituclons, 
&: received a Commission from him to be an Assistant, 
&: acted by it till he was drawne away by the perswasion 
of Mr. -Vines & Mr. Jorden, (one vn worthily called a 
minister of Christ.) From these two men all this evill 
doth principally flowe, for Mr. Vines be now gone, yet he 
hath presumed to depute Mr. Jocelyn in his stead, 

althouHi 

o 



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266 COLLATERAL DOCUMENTS. 

although he never had any Commission soe to doe ; yet 
he, by the councell of Mr. Jorden, hath taken vpon him, 
as a law-ful magistrate to come into Cascoe Bay and 
hath gone from house to house, being accompaned with 
Ffrancis Robinson Sc Arthur Mackworth, & have dis- 
couraged the people of Ligonia, 8c drawne them offe, 
some by fraude 8c some by force, from theire subiection 
to Mr. Rigbys lawful! authority; contrary to theire 
oathes freely 8c willingly taken, a true coppy whereof is 
herewith sent. And haue alsoe presumed to take depo- 
sicions of severall people to accuse some of vs falsely 
and slanderously with treason 8c other crimes, whereof 
we are innocent ; intending vpon those grounds to d^ale 
with vs at theire pleasure, and thus we are all destined 
by them vnto destruction, if the Lord prevent not their 
wicked plotts against vs. And this is to be put in exe- 
cucion vpon the last day of March next, vpon which day 
we haue appoynted to keepe a Court in Cascoe Bay, 
which Court is already summond, «S: severall actions 
entred, which arc at issue, & some of theire party bound 
Guer for misdemeanor, 8c seueral actions against many of 
them, 8c therefore cannot be reiourned ; at which time, 
they having made a party of neare an hundred (as we 
are informed) to set vpon vs & violently to resist Mr. 
Rigbyes authority, & soe take vs & our partie & slay vs, 



> 



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COLLATERAL DOCUMENTS. 267 

or deale with vs at their pleasures. And further, we are 
truely informed that they intend to make this the be- 
gining of a sivill warre, which they intend to blowe 
abroade into all parts of this land, and giue it out there 
may be many amongst yow, & elsewhere, that doe but 
looke for an oportunity to declare themselues Cavileers, 
& for the King, as if yow or wee were the Kings enimies 
and they onely his friends. The Lord God giue yow 
wisdome to prevent daingers in time, in a right way; 
and for our parts, we doe most humbly implore your 
aides & assistance by sending vnto vs against that day 
some of your men to stand by vs, for the keeping of the 
peace & for the maintenance of Mr. Rigbyes right, for 
which we hope he wilbe thankful), as alsoe we beleeve 
the Parliament will take it well from yow, who doubtles 
will maintaine theire owne acts, having confirmed his 
authority to him. We suppose a fewe of your men 
would still the ras^e of our adversaries, but we will not 
prescribe to yow the number, but leaue it to your better 
wisdomes. And for the charge which will accrewe, we 
shall take such course in a leagall way, that all your 
people shalbe by vs paid in a thankful! manner; for we 
conceave it fitt that Mr. Rigbyes Pattent Sc Province 
should be Ivable «S: incrais^ed for our iust defence, al- 
thous^h we thinke it meete the charsre should be laid 

vpon 



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268 COLLATERAL DOCUMENTS. 

vpon some of the cheefe of the Confederates residing 
within the said province; but herein we doe most hum- 
bly beseech yow to helpe vs with your graue aduise &: 
direction, as alsoe to be further helpfull to vs, by your 
council!, to carry along all our administracions, accord- 
ins: to God, for which we shall ever acknowled2:e our 
selues to be your most humble obleiged seruants, will- 
ingly endeavouring to follow your counclll, & aduise in 
all things, 8c alsoe we most humbly beseach yow to be 
helpfull vnto vs by your prayers to the Throne of 
Grace, for wisdome and councill from God, to help our 
weaknes and vnworthiness In so waighty a cause. There 
be many particulars which we presume not to trouble 
your Court with, in regard of your more serious em- 
ployment, which we haue sent to our honoured freind 
Mr. Winthrop, together with certain deposicions, to Il- 
lustrate the trueth, we haue humbly Intreated him to 
shew yow. And thus continuing our peticlon and hum- 
ble request to yow for aide, for the safeguard of our 
Hues, being the onely way yet visible to vs, vnder God, 
on whome wee cheefiy depend ; and In the second place 
on yow, whom we trust the Lord will make the instru- 
ments of our safety, and meete helpes to vs to carry 
along the worke of reformacion amongst vs, to the glory 
of our God and to the comfort of his poore people 

amongst 



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COLLATERAL DOCUMENTS. 269 

amongst vs ; and this wee leave with yow, commending 
yow all to the grace of God and resting your humble 
seruants, 

WILLIAM RYALL, GEORGE CLEEVE, 

RICHARD TUCKER, THOMAS PERCHES. 
Casco Bay, this i8th ffebr: 1645. 



No. XIX. 



-' . ■ ' .,< ■ • ;. i-'\' 



[The following draught of an answer to the foregoing 
letter in the handwriting of Gov. Wintlirop, is written 
upon the reverse of tlie leaf.] 

To our zvorthy f rends Air. George Cleves, Deputy Presi- 
dent of Ligonia, & his Assistants, at Casco, dd. 

Sir, — We haue received and considered your lettres 
by this bearer, Mr. Purchas, together with the Testi- 
mony and other writings sent tlierewith : we received 
also lettres and other writings from Mr. Jocelin and 
others; by all which we perceiue that the differences be- 
tween you are growne to a great height of contention, 
which we are very sorrye for, and would not be wautinge 
to doe what lyes in vs for composinge the same. But 

whereas 
35 



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270 COLLATERAL DOCUMENTS. 

whereas the differences grewe vpon extent of some 
Patents, and right of Jurisdiction, wherein Mr. Rigby 
and others in E : are interested, and lettres have been 
sent to them from both partyes, and answer is expected 
by the first return ; therevpon we have thought it expe- 
dient to perswade you bothe to forbeare any further con- 
tention in the meane tyme, and have written to Mr. 
JoceHn, <S:c., to that ende, who having desired our ad- 
vice, we may presume they will observe the same, and 
will not attempt any acts of hostility against you ; and 
we doubt not but you wilbe persw^aded to the same; 
which we judge will conduce most to Mr. Rigbys right, 
and your owne and your neighbours peace. As for suc^i 
iniuryes as you suppose to be done you by Allen's wife 
and others, if you forbeare the proceedings against them, 
till advice come out of E : (the rather to avoyd being a 
Judge in your owne case,) it will tend muche to peace, 
and make no preiudice to your right ; and so hoping of 
your redyness to hearken to counsell, and to studye 
peace by all means, we commende you all to the sure 
and gratious protection of the Lord, and shall rest 

Your loving frinds. 
Boston, 5, (i), 1645. 



V....... JO^>n A I 



.Jo 



COLLATERAL DOCUMENTS. 271 

No. XX. 

From Governor Winthrop's Journal, under date* 

Mar. 26, 1646. 

The contention continuing between Mr. Cleves, 
deputy president of Ligonia for Mr. Rigby, and Mr. 
Jocelin and other commissioners of Sir Ferdinando 
Gorsre, thev both wrote letters to the o:overnour and 
council of the Massachusetts, complaining of injuries 
from each other, and Mr. Cleves desiring aid for his de- 
fence against open force threatened by the other part; 
the governour and magistrates returned answer to them 
severally, to this effect, to persuade them both to con- 
tinue in peace, and to forbear all violent courses until 
some London ships should arrive here, by whicli it was 
expected that order would come from the commissioners 
for the colonies, etc., to settle tlieir differences. These 
letters prevailed so far with them, as they agreed to re- 
fer the cause to the determination of the court of assist- 
ants at Boston, which was to be held 3 (4), next. For 
Mr. Rigby came Mr. Cleves and Mr. Tucker ; for the 
province of Maine came Mr. Jocelin and Mr. Roberts. 

The 



goes on to give an account of the 



♦The date here given, naniciy, 
March 2Gih, is misleading. WiniLrop 
saj's that the case was referred by 
the parties in dispute to be heard the I entry under a single date, 
third of the following June, and then 



hearing, which shows that a consider- 
able space of time is covered by this 



272 COLLATERAL DOCUMENTS. 

The court appointed them a day for hearing their cause, 
and caused a special jury to be empannelled. 



No. XXL 



Mr. Cleves was plaintiff, and delivered in a declaration 
in writing. The defendants (though they had a copy 
thereof before) pleaded to it by word only. Some of the 
maofistrates advised not to intermeddle in it, seeinsf it 
was not within our jurisdiction, and that the agents had 
no commission to bind the interest of the gentlemen m 
England. Others (and the most) thought fit to give 
them a trial, both for that it was a usual practice in 
Europe for two states being at odds to make a third 
judge between them, and though the principal parties 
could not be bound by any sentence of this court, (for 
having no jurisdiction, we had no coercion, and there- 
fore whatever we should conclude was but advice) yet 
it might settle peace for the present, etc. Upon a full 
hearing, both parties failed in their proof. The plain- 
tiff could not prove the place in question to be within 
his patent, nor could derive a good title of the patent 
itself to Mr. Rigby, (there being six or eight patentees, 

and 



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COLLATERAL DOCUMENTS. 273 

and the assignment only from two of them). Also the 
defendant had no patent of the province, but only a copy 
thereof attested by witnesses, which was not pleadable 
in law. Which so perplexed the jury, as they could find 
for neither, but gave in a non liquet. And because the 
parties would have it tried by a jury, the magistrates 
forbore to deal any further in it. Only they persuaded 
the parties to live in peace, etc., till the matter might be 
determined by authority out of England. 



No. xxn. 

Thomas Jenner to John Winthrop. 

To the right Worshipfull his very worthy friend Jo : 
Wintrop Esqr. & Deputy Gouernoiir of N, E. at his 
hoivse in Boston, give theise. 

Right Worshipfull, — My due respects remembred to 
you. This istoinforme you (according to request made 
vnto me,, both by Mr. Jocelyne and Mr. Cleeve) that in 
Cascoe Bay, on the last of March, the major part of the 
Province of Lvcfonia meet toirether, at an intended 
Court of Mr. Cleeve. Mr. Jocelyne and his coixjp,any 

came 



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274 COLLATERAL DOCUMENTS. 

came armed with gunes and swords, or both : Mr. Cleeve 
and his company vnarmed. After sermon was ended, 
Mr. Joselyne and his company separated themselues 
about a furlong from Mr. Cleeve and his company. The 
sent vnto Mr. Cleeve a demand in writing (with all their 
hands subscribed,) to haue a sight of his originals prom- 
ising a safe returne. After some hesitation and demur, 
Mr. Cleeve, vpon condition they would come together 
into one place, promised to gratifie them. The which 
being publikely read and scanned, the next morneing 
Mr. Jocelyne and his company deliuered vnto Mr. Cleeve 
in writinge, with all their hands subscribed, a Protest 
against Mr. Righbies authority of gouerment, that i^ to 
say, in any part of that bound or tract of land which Mr. 
Cleeve doth challeng by vertue of his Patent, viz. from 
Sacadehock River to Cape Porpus. They furthermore 
required and injoined Mr. Cleeve and his company to 
submit themselues vnto the authority & gouerment de- 
rived from Sir Fferdinando Gorges, and that for the 
future the addressc themselves vnto their Courts. 

Lastly, they demanded of Mr. Cleeve a friendly triall 
concerning the bounds afore sayd, ffor Mr. Jocelyne 
would that Mr. Cleeve his teryniims a quo should begin 
60 miles vp Chenebeck River, because the Patent saith, 
it must lie ncre two Hands which are about 60 miles 

from 



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COLLATERAL DOCUMENTS. 275 

from the sea. Ffor answer to it the Patent also saith,the 
tract of land of 40 miles square, must lie on the south 
side of Sackadehock-River. 

Now Sackadehock riuer reacheth but to Merry Meet- 
ing and then its branched into Begipscot, and Chene- 
beck, and is no further cald bv the name of Sacadehock. 
Now Sacadehock River is a certaine and sure place for 
one terme of its bounds, but the Hands are doubtfull, 
which they are, or wher they are : and more ouer ther 
possession was first taken. Mr. Cleeue in his answere 
readily accepted their offer of a triall at Boston ; where- 
vpon they both bound themselues each to other in a 
bond of 500 li. personally to appeare at Boston the next 
Court after ALiy, then and ther to impleade each other. 

They also jointly sent their letters to your selues (the 
Magistrats of Massach :) to craue your timely advertise- 
ment at what time the next Court after May next will 
happen to be ; as also your approbation and entertain- 
ment of the suit; the whicli if it be by 3'our Court ad- 
mitted to a triall (as I se not whv thev should refuse it, 
seing both partis are so agreed) it may occasion a happy 
end of a dang:erous contention. 

FurtheruTOre, Mr. Cleeue demanded a sight of their 
originals for gouerment; none being produced, he dis- 
claimed obedience, and told them ther was no equality 

betweene 



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276 COLLATERAL DOCUMENTS. 

betweene his something and their nothing. It was also, 
agreed, that none of each company or party should, at 
any time or vpon any occasion, be troubled or molested 
by any of the other party or company, vntill the suit 
aforesayd be ended. 

Mr. Cleeue layd his injunction in particular on Mr. 
Jordane, neuer more to administer the scales of the 
Covenant promiscuously, & without due order 8c ordi- 
nation, within the province of Lygonia. 

I must needs acknowledge, to their high commenda- 
tion that both Mr. Jocelyne & Mr. Cleeve carried on the 
interaction very friendly, like men of wisdom and pru- 
dence, not giving one misbeholding word each together,' 
such was the power of Gods Holy Word, aweing their 
hearts. Your letters were also very valide, & gratefully 
accepted on both parties. Thus after two or three dales 
agitation, each man departed very peaceably to his owne 
home. 

Thus, right worthy Sir, according to the trust com- 
mitted to me, I have faithfully (though rudly) composed 
the chiefe matters in that their transaction, & haue here 
sent them vnto you. So I commit you to God Sc, rest 

Yours to comand, 

THO: JENNER. 
Saco, 6, 2m. 46. 



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COLLATERAL DOCUMENTS. 2>]^ 

I humbly craue your prayers, for I am as it were on 
the wing of removal], but whither as yet I know not. 
The Lord direct me. I can not by any meanes abide 
here any longer. Amongst many other reasons, one is 
the falling out betweene me & Mr. Robison, vnknowne 
to my selfe, had secretly gained the affection of my eld- 
est daughter, which being discouered very lately, hath 
wrought in my mind not a little disquietnesse, £for I ap- 
proue not of the man, in that kind. I humbly craue 
your prayers. 

Sir, I haue lately ben earnestly solicited by one Mrs. 
Tucker, an intimate friend of mine, and an approved 
godly woman, that I would writ vnto your worship ; 
that in case Mr. Cleaue & her husband (Mr. Tucker) 
shall happen shortly to haue recourse to your selfe, to 
end some matters of difference between them, now at 
their departure each from other, that you would be 
pleased, as much as in you lye, not to suffer Mr. Cleaue 
to wronc: her husband, for thou^-h her husband hath ben 
as it were a servant hitherto for Mr. Cleaue, yet now, at 
their making vp of accounts, Mr. Cleaue by his subtill 
head, brings in Mr. Tucker loo li. debter to him. 

Sir ther is also a child of one Mrs. Allin of Casco, 
with one Goodman Dexter of Lyn, v/hich was placed by 
Mr. Tucker &: Mr. Cleaues. The mother hath no more 

child[ren] 

36 



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278 COLLATERAL DOCUMENTS. 

child[ren] but that boy, &: hearing of her child's condi- 
tion how bad i[t is] hath ben much troubled, it hath 
caused much dissention betwee[n] herselfe, & I\Ir. 
Cleaue, & Mr. Tucker, and the truth is, the boy is used 
very hardly. I saw the youth at Dexters owne house, 
most miserable in clothinge, neuer did I se any worse in 
New England. I humbly intreat your worship to lay to 
heart the condition, both of the mother 8c the child, least 
it be some disparagement to our selues euen in London, 
from whence they came, & were well known. The 
youth was not so firmely bound, but your worships (as I 
conceiue) may easily vnloose him. 

Indorsed by Gov. Winthrop, " Mr. Jenner, Rec. 30 
(2) 46." 



No. XXIIL 

George Cleeve to the Commissioners for Lygonia. 

To the Jionorcd JoJui ]Vintrop, Esq. Goverfior, & to the 
honered Thomas Dvdlic, Richard Bcillngha}n, Her- 
bert Pellam & others, Esq7tiers, Commissioners ap- 
poi)ited by the HigJi Court of Parliaynent for the 
affairs of Ligojiia, tJics present. 
Honered Wortiiis, — Aftar the tendar of my humble 
service, thes are to requst your pious advice & derex- 

tion 



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COLLATERAL DOCUMENTS. 279 

tion what is to be don in thes particulars : [Here follows 
an account of what Cleeve suspects to be the murder 
of an infant by its mother, and he continues.] Now here 
vpon I haue imprisoned heare, & haue taken baile of 
200 li. for her apparance at our next Court of trialls, be- 
ing fowrth of July next, 8z the assistance do mak sum 
dowpts whether we may prosede against malefactors pre- 
seding our laws now made ; which dowpts they vrge to 
be moved in theme partly by a directory lettar from our 
honered President, who would haue vs to loock forward 
& not backward ; & partly by a Constitution, which re- 
quireth from the people obedience to no lawes, but such 
as should be acted by there villagars ; Sc partly by. an 
othar Constitution which giueth allowance to the people 
to make binding lawes for the subscribars, 8c no othars, 
vntill a publick bodie of lawes shovld be acted by the 
Generall Assembly of villi2:ars to be chosen ; which sev- 
arall occations, if you vouchsafe to clere vp for there 
bettar apprehention, they & my selfe will willingly & 
gratefully apply vnto your suche advice ; & for mine 
owne particcular, I conceaue we ought not to suffere 
sines of that nature to go vnpunished, being proved 
since Mr. Ri^rbies athoritv was manifested Sc subscribed 
vnto by divars, where of the husband of this woman was 
one. Ther are allso som advlterys committed & yet vn- 
punished, 



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28o COLLATERAL DOCUMENTS. 

punished, whereof that of Mr. Boden with Mr. Jocelens 
neagar, who hath confessed the fact ; as allso that of Mr. 
Michell Mitton &: John Scares, committed with Mary 
Martin, whereof you haue had from me and othars 
som knowledge ; and now seing you haue with you a 
coppie of our confirmed Constitutions, and are bettar 
able to judge of them then my selfe, or any of vs, and 
seing you are appointed to be Commissionars, by the 
High Court of Parliament, for our aide, I hovld that my 
duty, to apply to you for your grave councell and derec- 
tion wherein my selfe or our Assistance are defectiue. 
My humble desire therefore is that you would derect vs 
by your wisdom and councell to acte and prosede iji a 
way of justice, according to God, and allso justifieable 
before men ; and to favor me so much as to dispatch 
your defections herein before our Court, for which favors 
I shall alhvais be a pcticionar to the throne of grace for 
you all and rest 

Your oblidgedsarvant to command to my powre, 

GEORGE CLEEVE. 
Casco, the (i) (3) 1647. 

•Indorsed by Gov. Winthrop, " Lettre [torn] Mr. 
Cleues, I (3)47- 
Reed 27 (3) 47." 



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COLLATERAL DOCUMENTS. 281 

George Cleeve to Michael Mitton. 

[From the following document it appears that Cleeve 
conveyed his property to his son-in-law before his last 
voyage to England. It remained unrecorded for sixty- 
seven years.] 

These Presents shall witness, that I George Cleeve of 
Casco in New England Gentleman Do hereby freely & 
fully give unto my Son in Law, Michael Mitton of Casco 
aforesaid all mv Ricrht & Interest in that tract of Land 
Lying in Casco Bay Granted unto me by Coll Alexander 
Rigby Esq and now in the Possession of me the said 
Georsfe Cleavs and Others of mv Tennants to be front 
henceforth the only and Proper Lands of him the said 
Michael Mitton and his heirs for ever accordino: to the 
tenar Expressed in the said Grant to me from the said 
Alexander Rigby. Together with all the houses and 
buildings to me belonging in and upon the said tract of 
Land. Also I Do hereby fully & freely Giv^e unto the 
said Michael Mitton all my utensials of household Stuff 
in and about the house and Buildings. As well within 
Door as without. Too^ether withall mv Cattle as well 
Cows and Calves and Steers and Swine young and old 
as also all other Cattle or goods of any part or kind 
whatsoever for and in Consideration of a sum of Money 

to 



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282 COLLATERAL DOCUMENTS. 

to me in hand paid before the Sealing and Deliver}^ 
here of. As also for and in Consideration that he the 
said Michael Mitton shall at all time and times hereafter 
maintain and Provide for me the said George Cleavs and 
for Joan my now wife good and sufficient meat and 
Drink apparel and Lodging and Physsicke and all other 
Nessarys for the Relief of this frail Life for both 
of us and for the lousiest Liver of both of us as 
well as for other Considerations me hereunto movinof 
as well the marrage of my Daughter as otherwise all 
which hath moved me to make this firm Deed of Gift 
unto my said son in Law Michael Mitton written with 
my own hand & sealed with my seal and Livery and 
seizen given of the full and Peaceable possession of the 
said Lands and Possession of the said Cattle and sroods 
by Delivering into his hands in Part of all the Rest one 
Bay Gelding and a Ring of Gold in Lieu and part of all 
the Rest of the Cattle and goods therein Specified 

GEORGE CLEAVES &a [Seal] 

Dated this 24th Day of February 1650. 

Witness 
Thos Harkine 
Eliz^ : Mitton 
Anna Mitton 
WxM. Tilly 



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COLLATERAL DOCUMENTS. 283 

Recorded according to the Original Novr 7th 171 7. 

pJas: Hamond i?^^. 

Vera Copia as of Record examined by Jas : Moody, 
Reg^. Lib. 8. Folio 245 

Be it known to all men by these presents that I Rob- 
ert Jordan do freely acquit and Discharge M"^ John Phil- 
lips from all demand or demands In what respect or re- 
spects whatsoever from the beglning of the world to this 
present 28"^^ day of July 1658. In witness I have Sub- 
cribed my name on reservation ye s^ M"^ Phillips doth 
and shall acquit dellv^^ and possess y® s^ Jordan to and 
in y® proper and singular Interest he hath or ought to 
have or may be Suposed to have to all his rights in 
Land Cattle or Chattels whatsoever, further I do Ingage 
hereby to discharge and acquitt ye s^^ M"^ John Phillips 
from all demands may be made by Rob'^ Hethersay in 
point of Covenant in respect to a Saw mill to be 
Errected at Casco river falls, this is mutually subscribed 

unto by us 

ROBERT JORDAN 

JOHN PHILLIPS I. P. ' 

Witness. Sic^ned. 

James Parker 
George Lewis X Sli^ned 
Franxis Small. 



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284 COLLATERAL DOCUMENTS. 

Vera Copia. Transcribed out of y® original & 

compared 

pr Edw : RiSHWORTH : Record, 

Recorded according y® Coppy as above Nov^ 7, 171 7. 

JAS: HAMOND, Reg\ 
Y. C. R, 8. 244 et seq. 



NO. XXIV. 

Edward Rigby's Letter to the Inhabitants of* 

Laconia. 

To Mr. Henry Joclciug, Mr. Robert Jordan, Air. Artlncr 
MaciuortJi, Mr. Thomas Williams, as also to Robert 
Booth Morgan Hozucll John IVadleigh Jonas Bailey 
Thomas Alorris Huoh Aloseer and to all others 
whom these may eoncern these present in Legonia. 

Gentlemen, 

It having pleased the great disposer of all Things to 
call out of this troublesome World my dear Father and 
by that means to entitle me to tlie Presidentship of the 
Province of Lygonia and being made acquainted by my 

Fathers 



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COLLATERAL DOCUMENTS. 285 

Fathers late Deputy President of several miscarriages 
and illecral Proceedinsfs which have been acted and done 
within m}^ Province by your Instigations and Advice I 
have thought necessary at this Time to acquaint you 
that I disrelish your actions, and shall not sit down with 
the Wrono-s and abuses offered to our Authority without 
a particular and real Submission and to that End I do 
require and comand both your selves and the rest that 
were by commission from my Father, the publick 
OfHcers of the Province to desist acting any Thing Vir- 
tute ofHcil (yours and your Commissioners being deter- 
mined by my Father's Death) until you hear further 
from me which I assure you shall be with all possible^ 
Speed. Truly Gentlemen I am sorry to hear notwith- 
standing my Father's Indulgence towards most of your 
selves in Particular you should still act so directly 
against him and his" Interest as you do But I once 
again assure you, if upon the Receipt of this you do not 
desist from your private and secret Combinations and 
practices and join unanimously with me, my Deputy and 
other Officers, for the Peace and Quiet of the Province 
I shall take such Course as shall not only force a sub- 
mission but also a Reparation for all your misdeeds. I 
shall not at present numerate or particular your mis- 
deeds and illegal Proceedings, nor dispute with you 

. , about 

37 



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286 COLLATERAL DOCUMENTS. 

about them only observe this to you that I conceive all 
acts done either by the Deputy President the 6 assist- 
ants the Judges or any Other Officers whatsoever 
which had Comision from my Father, since my Father's 
Death (which was in August 1650) are void by Reason 
their Comision ended with his Death. I am not igno- 
rant of some complaints formerly made to my Father by 
some of your selves and others and I desire that you 
will be confident, that I shall strive to do aequal Justice 
in all Things according to my Office and Duty and to the 
End that aequal Justice may be done to all men I shall 
with all convenient Speed not only send back Air. Cleeve 
but a near Kinsman of my owne with Instructions €.nd 
Comissions to such as I shall conceive fitting, not doubt- 
ing that upon the Receipt hereof you will desist from 
your former illegal Proceedings, and joyn with such as 
I shall comissionate. The Rest is the Respects of him 
that is your real Friend if your selves be not your owne 
Enemeys. 

EDWARD RIGBY. 
London 19 July 1652. 



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COLLATERAL DOCUMENTS. 287 

No. XXV. 

M^ Cleue accord to your desire wee tender this ac- 
count of our pceedings at Wells Cape Porpoise Saco Sec. 
In the yeare 1652 wee ordered some members of this 
Court w^'' two Artists to make a true discouery of the 
most Northerly branch of merrlmacke that accordingly 
we might lay out the Northerly line of our Patent w^^ is 
to extend 3 miles beyound the most Northerly pte of 
Merrimack rluer ; which Line is to run throw the maine 
land of America from East to West in the Latitude of 
43° 43'^^^ And in further psecution of the same Wee 
did in July last dispatch our Comissioners to Well^, 
Cape Porpoise, and Saco, to challenge our right by pat- 
ent ouer those parts, where the Inhabitants did volunta- 
rily acknowledg themselues subject to this Goverment, 
and tooke the oath of fidellity & freemen to the same. 

Our Comissioners publishing a ptestatlon at Wells 
agst any person or psons that should challeng Jurisdic- 
tion or exercise any act of Authority ouer them, or ouer 
any other psons inhabiting w^^ in the Limitts of our 
patent (w'^^ doth extend to the latitude of 43'' 43V2 of 
northerly latitude) but what shall be derlued from the 
Gen'^ Court of the Massatusetts. All which acts of 
our Comissioners wee haue ratifyed and Confirmed and 

shall 



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288 COLLATERAL DOCUMENTS. 

shall endeauoLir by all lawfull means to maintaine & de- 
fend our just right [and title] in those parts granted un- 
to us in our patent. ■: 

Bos^ Sept: 5. 1653 

The magis^^ haue past this w^^^ Ref- 
erence to the consent of theire breth- 
eren the depu^^ heereto Edward 
Rawson Secrety The Deputyes 
Consent w^^ 0^ hono^^ magists here- 
in. William Torrey Cleric 



No. XXVI. 

Grant from Edward Rigby to George Cleeve of iooo 

ACRES OF Land adjoining former grant, 

Feb. 20, A. D. 1652. 

This Indenture made the twentieth day of February 
in the yeare of our Lord god one thousand six hundred 
Fivety & two, betweene Edward Rigby Esq^ president 
of the province of Lygonia in New England in America 
of the one party <S: George Cieeue of Casco in the sd 
province on the other party. Witnesseth that the sd 

Edw. 



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COLLATERAL DOCUMENTS. 289 

Edw. Rigby, for and in Consideration of the yearly rent 
and services in these Psents reserved, and of a Compe- 
tent some of money in hand payd at the seiling and de- 
livery hereof and alsoe for diverse other good Causes, 
and considerations him the sd Edward Ris^bv, hereunto 
Rigby ^ espetially mouing, hath given granted, and 
to > Confirmed and by these Psents do giue, 
Cleave J grant, and Coniirme, unto the sd George 
Cleeue his heyres and assignes forever, all that part 
prcell and portion of Land lying and being neare vnto 
Casco-bay aforesd, Contaynig one thousand acres of 
Land, after the measure of eight scoore perches to euery 
acre, and a square of sixteen foote, and a halfe to euery 
pearch, adjoyning to the Land"^ formally granted vnto him, 
the sd Geo : Cleeue, and his heyres ; And begin'ng at the 
little ffalls in Casco River, and runing westwardly three 
hundred and Twent)'* pooles and fhve hundred pooles 
southwardly, togcather with all and all manner of wood^ 
underwood"^ 7\-mber, and wood now growing, standing 
and being, or w^h shall or may here after stand, grow, or 
be in or vpon the sd premises, with there and eu^y of 
their appurtenances, with free lyberty to fish, and fowle 
in and vpon the sd River, soe fare as the sd Land'^^ before 
mentioned to be Demised do extend along the side there- 
of and the fish and fowle y^ by taken, to haue covert and 

dispose 



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290 COLLATERAL DOCUMENTS. 

dispose there of, to his or y^ owne use, at his or there 
owne will and pleasuer To haue and to hould all and 
singular the sd Land^ and premise^ before by these 
p'rsents mentioned, to be given granted, demised, and 
Confirmed with the appurtenances vnto the sd George 
Cleeue his heyres and assignes for euer to hould of the 
sd Edward Rigby, and his heyres in free and Common 
Scottage, doing there for ff^alty vnto the sd Edward 
Rigby, his heyres, and assignes. And yeilding and paying 
therefore vnto the Comon weale of England, one ffifth 
part of all the gould, and silver oare to be had and found 
vpon y^ sd premises or any part or prcell y^ of : And 
alsoe yeilding and pay'ng vnto the sd Edward Rigby hjs 
heyres, and assignes, for the sd one thousand Acres, the 
yearely rent of Twenty shillings of Lawful! money. In 
and vpon the first day of Aprill, and the first day of 
October yearely, by even and equall portions, for all 
services and demand^, & yeilding, & pay'ng yearly to the 
Counsell established at Plymouth, In the County of 
Deavon for the planting, ruling, ordering and gouering 
of New England aforesd and y"^ successors for euer, one 
pecke of the best bread Corne Accomp^ing two Gallonss 
after Winchester measure, for euery pecke, for euery 
hundred acres of the sd Land^ soe as aforesd letten to 
farme, yet notwithstanding the pi-^mises, the sd Edward 

Rigby 



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COLLATERAL DOCUMENTS. 291 

Rigby doth for him selfe, his heyres, Sc assignes Cove- 
nan^ & agree, with the sd George Cleeue and his assignes, 
that the sd Edward Rigby his heyres, & assignes shall 
yearly from tyme to tyme, upon the payment of the sd 
yearly rents vnto him, or them, repay vnto the sd George 
Cleeue his heyres or assignes the severall sums of Two. 
shillings y^of, for every severall hundred Acres of the sd 
Land, soe as aforesd granted as shall not then before 
that tyme haue beene used, or occupied, for arrable land, 
pasture, or Meddow by the sd Geo : Cleeue, or his assigns 
by his or y^ substitutes or by some other p^son or p^sons, 
by his or y^ consent conniuance or allowance : And the 
sd Edward Rigby doth here by make, ordajne, Consti«» 
tute, & in his place putt Michael Mitton of Casco afore 
sd Gentle" & Robert Brecke of Boston in New England 
Gentle^ his true & lawfull Atturney^ Joyntly & seuer- 
ally to take possession for him, & in his name in the sd 
Land, 8c premises before by these psents mentioned to 
be granted, & after such possession taken & had, then 
for him & In his name to deliuer full peaceable posses- 
sion, & seazin, vnto the sayd George Cleeue or to his 
Certajne Atturney in his behalfe, according to the south 
tenour, forme & effect of thisp^sent Indenture, y^of made ; 
And what ths sd Atturney or either of them shall doe 
in the pr^^mises, the sd Edward Rigby doth ratify & con- 

firme 



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292 COLLATERAL DOCUMENTS. 

firme the same, In witnesse w^ of the sd partys to these 
p^'sent Indentures Interchangeably haue sett two y^hand^ 
& scales, the day & yeare aboue written 1652: 

EDW: RIGBY 

Sealed figurd & deliued in the 

psence of vs 
Robert Brecke i .- 

Jo^ Spenser i - 

ROBER"^ TOMPSON I ■ 

Possession & seazin taken, by me Michaell Mitton, ac- 
cording to the order within specifyd, in part of the Land 
granted & deliuered unto Richard Tucker for the \'Sse 
&: by appoyntment, of Mr. George Cleeve by me, Mich- 
aell Mitton, In usence of Ann Mitton her marke i A 

The Coppy of this Indenture afore going duely ex- 
amined, and transcribed out of the originall this Third 
of Septemb^ 165S : - - 

p Edw : RisiiwoRTH Re: Cor: 

These presents shall witnesse that I George Cleeue 
Gentle" haue sould assigned, & sett ouer, this p^sent In- 
denture vnto Richard Tucker, togeather with all the 
Land^S: priviledgcs with in mentioned to be from hens- 
forth the proper good"^ & land^ of him the sd Richard 

Tucker 



' '■\i 



COLLATERAL DOCUMENTS. 293 

Tucker & his heyres and assignes forever for and in 
Consideration of the some of Thyrty pound^ starling to 
me in hand payd, and to be payd according to a cov- 
enant between vs and for other good Causes me there 
vnto mouing for all demands 

Witnesse my hand this iS^ day of July, 1658 : 

Cleaue To ) by me GEORGE CLEEUE i 

Tucker j 

In the p'^^sence of, 

MiCHAELL MiTTOX This Coppy duly examined and 

George Lewis by taken out of y® originall this 4th 
his marke I of Sep^^ 58 

p Edw : RiSHWORTH J^e: Cor: 

These psents witnesseth that I have taken and deliv- 
ered possession and seazin to Richard Tucker of the 
within mentioned premises this 21th of July 1658: 

by me GEORGE CLEEUE i 

In the psence of Geo : 
Lewis by his marke I 

MiCHAELL MiTTON I 

Taken out of y^ originall and examined 

p Edw: Risiiwortii Re: Cor: 4Sep^'"5S: 

38 



294 COLLATERAL DOCUMENTS. 

No. xxvn. 

Answer of Massachusetts to George Cleeve Re- 
specting HER Northern Boundary. 

In answer to the pposltlons p*sented to this Court by 
M' George Cleeues, employed by seu'all inhabitants of 
the northerne pts of o^ patent, Ptended by them to be 
the province of Lygonia, the Court, havinge considered 
and compard the patents Pduced by M^ Cleeues w^^ o'^. 
owne, doe find ours to haue the Pcedency, and so con- 
sequently the land in dispute to be o"^ proper right by 
patent, lying and being scitua within 3 miles to the 
northward of the most northerly pt of Merimack Riuer; 
the bounds graunted vs by patent, as may appeare by . 
the orlginall, a copie whereof we haue deliuered, accord- 
ing to the desires of the sd inhabitants, to M^ Cleeues to- 
gether with the testemonyes of the survaye^^ of the most 
northerly pt of Merimacke, and also of those y*^ observed 
the palell latitude vpon the sea coast, in or neere vnto 
the Bay of Casco, the search whereof though deffered 
for some yeares, cannot Pjudlce o"^ right when knowne, 
nor strengthen the title [of] others, becau'e we did not 
pticular challenge the vtmost of o"" bounds, which we 
could not in modestie doe till we had therof some assure- 
ance, though o^ generall clayme hath bin constantly . 

from 



COLLATERAL DOCUMENTS. 295 

from the first to three miles northward of the most north- 
erly pt of the said riuer, in length and longitude, through 
the mayne land, from the easterne sea to the sea on the 
west ; and therfor all graunts, orders, or combinations, 
to, concerning, or of any psons w^^ in the sd lymitts, are 
invallid, null, and of no force or obligation vpon y^ con- 
science of any ; nor is there any feare of imputation 
vpon y'^ account. How fayrely we haue demeaned o^'- 
selves to all o^' neighbours, in all o^ references and con- 
cernments, we leaue to them to testifie as they see cause ; 
how, since we haue knowne o^' lymitts, we haue ffrienly 
declared o'" right to y® inhabitants of those pts, hath bin 
to their content and approbation : neither threatening 
euer objected to vs till now, too soone, because to vn- 
justly, vppon those y'^ are innocent: we haue and doe 
modestly demaund o"^ right, and cannot accept of a 
denyall from those y'' ought to yeeld it, nor consent to 
any forbearance thereof, becau'e we haue no doubt there- 
in, and find that thereby we doe but furnish others to 
object agaynst vs. We haue not cndevoured to infringe 
the liberties of the planters of those lands, but haue 
offered them the same w^^ o^'selues ; nor to nourish or 
ease o^selues bv taxino: of their estates, to ease o^selues ; 
we expect no more then what they formerly did, vizt, 
bear their own charges ; nor doe we seeke to put vpon 

them 



) ■ 'd 



296 COLLATERAL DOCUMENTS. 

them y* which we o^selues would count vnequall, viz^ to 
subject to such lawes and constitutions, made by others 
w^^out their consent, it being the portion of most of Or 
Psent inhabitants, as of the subjects of most countryes, 
to be in no other capacitie; the constitutions of gouern- 
ment and now modell of lawes not being made in euery 
age of men, or vpon the ariuall of new comers to a col- 
onye: if, therefore, the sd inhabitants shall endevour to 
Pvent vs in o^ just rights we must pfess agaynst their 
pceedings as vnjust, and shall advise o^selues to take 
such course as shall evidence o^ desires to aquite o"^- 
selues honestly before God and men. 



No. XXVIIL . 

Letter to Mr. Jocelyn and Mr. Jourdan. 

15 May, 1657. 
Gent''': 

Wee suppose you are not ignorant of y^ clajme made 
by our commissioners att Wells, anno Doni 1653, to the 
government of those parts, and theire protestacon, then 
published by the marshall, against any that should chal- 
lenge or exercise authoritje ouerany persons inhabiting 

w^^in 



■'1 J/- 



COLLATERAL DOCUMENTS. 



297 



w^^in the Ijmitss of our pattent beyond Saco but what 
shall be derived from this Generall Court, which, 
though they w^ere not then exactly knowne, yett in the 
yeare ffolowing were bounded by artists employed by 
vs, and are yet vnknoune to yourselves, since which 
wee haue implojed comissioners to settle those parts 
and to finish what was not donne by our former com- 
missioners at Wells ; but that buisness proceeded 
not according to our expectation although yo^selves 
were desired to meete our comissioners at Yorke. 
We haue heard diverse complaints for want of gov- 
ernment, and haue binn informed of some endeavo^^ 
to disturbe the quiett of y^ people at Saco an4 
Wells, which we haue winked at, expecting a ready 
complyance of all persons inhabiting our limitts, es- 
pecially since our answer to y^ expostulacons and de- 
maunds made to us by the inhabitants there presented 
to vs by M^ Cleve ; but finding ourselves deceived in 
our expectation, wee haue againe given comission to 
some gentlemen, whom wee desire and expect yow will 
meete at the next County Court at Yorke, and contribute 
yo'^ asistance for the setling of those parts beyond Saco 
to the vtmost bounds of our pattent ; and yo^ concurrance 
herein will, wc doubt not, much conduce to the good of 
those parts, which is a principle scope and desire of the 
Gen'' Court of the Massachusetts. 



). 1 



298 COLLATERAL DOCUMENTS. 

No. XXIX. 

Courts declaration & protestation in refe^e to y^ 

EASTERN p*^^ October 23, 57. 

Whereas this Court hath formerly declared theire 
right of jurisdiconouer the inhabitants of Blacke Pointe, 
Blew Point and Casco Bay, to the lattitude of forty 
three degrees forty three northerly latitude, and 
haue hitherto made very amicable applications to the 
inhabitants there, and this last somer did send co- 
mision^^ to Yorke, expecting the principall persons 
dwelling in those parts would, vpon our letters for- 
merly to them directed, haue attended our comissioAers 
for the issuing of the buisnes, but the sajd partjes 
fayling, the sajd comissioners did, by warrant vnder 
theire hands, (whereof the partjes had notice) sumon 
the inhabitants of the parts aforesajd to apeare at the 
Gerall Court at Boston, October 14th, 1657, where and 
when the partjes aforesjd, being called, appeared not, 
but made default, and insteede thereof, at the latter end 
of the Court, a paper, subscribed by George Cleve, was 
presented to this Court, (wherein he declares against the 
legalitje of, our proceedings and the resolution of the in- 
habitants there, as he Ptendeth,) to deny submission vnto 
vs, wee doe hereby declare our right Sc clajme to those 

parts, 



♦ . : t 



/ 



COLLATERAL DOCUMENTS. 299 

parts, & the injurious refusall of the inhabitants there, 
concerning which wee shall seriously advise what for 
the future may be most expedjent for vs, yet for the 
present judge it best to surcease any further prosecution, 
w^*^ this protestation, that if any mischiefe or inconve- 
nience happen, by reason of their oune differences, or 
for want of a setled government there, that wee are in- 
nocent, (having vsed, in our vnderstanding, all requisite 
endeavors,) and that all the blame & danger must & 
ought to be imputed to the sajd inhabitants. 



No. XXX. 

Geo. Cleeves chosen, at a Court houlden at Yorke 

July 12, 1658, as one of the CoMisnssio^^ for 

Falmouth for y^ yeare Insewing. 

July 13, 1658 

Wee the Inhabitants of Blacke poynt, Blew poynt, 
Spurwink and Cascoe Bay, with all the ylands y"^ unto 
belonging, do owne 8c acknowledge ourselves to bee 
subject to the Goverment of the Massachusetts Bay, In 
New England, as appears by o"^ severall subscriptions. 
In reference to those severall articles formerly granted 

unto 



300 



COLLATERAL DOCUMENTS. 



unto Dover, KIttery, & Yorke. Which are now granted 
& confirmed unto us togeather with some additions as 
appeareth upon Re : Cord. 



Henery Jocleyn 

George Cleeve 

Fran : Smale 

Nicho : Whitte his marke 

N 
Tho : Stamford his marke 

O 
Robert Corbine 
Nathaii ^Vallis 

John Wallis 

Arthur Anger Juno^ his 

marke X 
Ambrose Booden 
Nicho : Edgcum his 

marke o 
Robert Jordan 
John Bonighton 



Samell Oakeman his marke 

G 
Andrew Browne his marke 

Michaell IMadaver his marke 

)= _ ■ 

Tho : Hamott his marke X 

John Tynny 

Geo. Taylor his marke Y 

Ric : Foxwell • 

Hene: Watts 

Fran : Neale 

Abra: Follen 

Ambrose Boden Senior 

Michell Mitton 

Ric : Martine his marke t 

Geo : Lewis his marke 3 

John Phillips his mark I P 



The p^^sons which have subscribed unto this wright- 
ing as above mentioned, have further by oath Ingaged 
them selves to the authority of the Massachusetts, at the 
Date hereof, being the 13th of July 1658. 



COLLATERAL DOCUMENTS. 301 

No. XXXL 

The retourne of the comissioners of the Generall Court 
of the Massachusetts, being authorized and ap- 
pointed to setle civill gouernment in the easterne 
parts, to the vtmost extent of theire Ijne, as appears 
by a comission granted them bearing date the 20^^ 
of May, 1658. 

In reference wherevnto the comissioners aforesajd, 
Sec. whose names are here subscribed, according to order 
and trust therein to them comitted, did repaire vnto the 
easterne parts, and at Yorke did adjourne the Court vn- 
to the house of M"* Robert Jordan, at Spurwincke, send-* 
ing out sumons to all inhabitants residing w^^Mn the Ijne 
proposed, there to appeare personally before them, which 
by the majo"^ part thereof was attended, and after some 
serious debate of matters betwixt vs, removall of some 
doubts, 6c our tendering of some acts of favor & priviledg 
to them, the good hand of God aiding therein, by a joint 
consent wee mutually accorded, in a free & comfortable 
close, as doth more fully appeare by these ffollowing 
acts:— 

Wee the inhabitants of Black Point, Blew Point, Spur- 
wincke, & Casco Bay, with all the islands therevnto be- 
longing, doe owne & acknowledg ourselves to be subject 

to 
39 



302 COLLATERAL DOCUMENTS. 

to the gouernment of the Massachusetts Bay in New 
England as appeareth by our particular subscriptions, in 
reference to those formerly graunted vnto Doner, Kit- 
tery, & Yorke, which are now graunted vnto vs, together 
w^^ some additions, as vpon record doth appear^ . 

Francis Smale, 
NicHo: White, W, m^ke, 
Tho: StAxMFOrd, C, his mark, 
Jonas Bayly, I, his m^k, 
Robert Corbyn, 
Nathaniell Wallis 
Arthur Augur: , Jun, his m^k^ y 
John Phillips, his m^k, IP, 
• m^ke 

Rich: A. Martyn, 

mrk 
GE0RG3 Leuis 
Ambrose Boden, 

m'^k 
Samuell Oakeman, G 
Andrew Beames, m^k, £, 
Mich : Madjuer, m^k, )=, 
Tho : Hamot, m'^ke, "^^ 
George Taylr, m^ke, X-j., 
Henry Jocelyn, 
Georg Cleaue, 



COLLATERAL DOCUMENTS. 



303 



J 



RoBT : Jordan, 
Jno Bonighton, 
Richard Foxwell, 
Henry Watts, 
Fraunc : Neale, 
Abra: Fellow, 
Ambros Boden, Sen, 
Mich: Mitten, 

Jn^ I Tinney, 

m^ke 
Nico: C Edgcomb. 

Euery of the persons as aboue mentioned, which ha!lie 
subscribed to this writting, haue further, by oath taken 
in Court, engaged themselves to this authority of the 
Massachusetts, at the date heereof July I3^^ 1658. 

Whereas the tounes of Black Point, Blew Point, Spur- 
wincke, and Casco Bay haue acknowledged themselves 
subject to the gouernment of the Massachusetts, as by ' 
the seuerall subscriptions vnder theire hands doth ap- 
peare, wee, the comissioners of the Generall Court of 
the Massachusetts, doe actually graunt as followeth : — 

I. In case, by an imediate power from the supremacy 
of England, wee are comanded, & after adress to the 

same 



304 COLLATERAL DOCUMENTS. 

same supremacy by the Massachusetts authority, it be 
desired, as propper to any other regulations then ours, 
this obligation to be nulled, wee protecting them till the 
determination thereof. • 

2. That an act of indempnity or obliuion is ffreely 
graunted them. 

3. That all such acts & priviledges as haue binn 
graunted to Doner, Strawberry Banke, Kittery, Yorke, 
Wells, & Saco, are graunted vnto them. 

4. That in cases of appeale to Boston, the appellant 
shall haue ordinary costs, but shall put in sufficyent se- 
curity (not recouring) to make good treble costs to the 
defendant. • 

5. That they shall haue true transcripts of such privi- 
ledges as haue bin graunted to the forementioned tounes 
sent vnto them to be recorded w^^ all convenience. 

6. That the civill priviledges now graunted them wee 
doe not intend shall be forfeited vpon differences in mat- 
ters of religion, but theire regulations therein must be 
according to poenal lawes. 

7. That those places that were formerly called Blacke 
Pojnt, Blew Point, & [Stratjtons Islands, thereto adjacent, 
shall henceforth be called by y^ name of Scarborow, the 
bounds of which toune on the westerne side be2:ineth 
where the toune of Saco endeth, & so doth runne along 

on 



COLLATERAL DOCUMENTS. 305 

on the westerne side of the Riuer of Spurwincke, eight 
miles back into the country. 

8. That those places formerly called Spurwincke & 
Casco Bay from the harbor side of Spurwincke Riuer to 
the Clapboard Islands, in Casco Bay, shall runne back 
eight miles into the countr}% and henceforth shall be 
called by the name of Falmouth. 

9. That the tounes of Scarborow & Falmouth shall 
haue comissioners Courts to try causes as high as fiffty 
pounds. 

10. That those two tounes of Scarborough & Fal- 
mouth shall, by a survey, take an effectuall course to 
bound themselves betwixt this time Sc the next Court * 
holden for this county, wherevnto they are to make 
theire retourne, or vpon theire neglect thereof the County 
Court shall appoint comissioners for the bounding of 
them. 

11. That those two tounes of Scarborough «S: Fal- 
mouth are to send one deputy yearely to the Court of 
Election, Sc haue liberty for two deputjes if they see 
cause, in Court. Given vnder our hand, July the 14, 
1658. • 

Samuel Symonds, 
Tho: Wiggin, 

NiCMO: SlIAPLEIGH, 

Edw : RisiiwoRTii. 



3o6 COLLATERAL DOCUMENTS. 

No. XXXIL 
Appointment of Commissioners by Massachusetts. 

Whereas the county of Yorkshire is large & very re- 
mote from Boston, the place where the Generall Courts 
& coTincill of this comonwealth of the Massachusetts doe 
vsually assemble, whereby it is more difficult to obtayne 
the presence and helpe of any of the asistants of the 
gouerment, as occasion from tjme to tjme doth require, 
wee, therefore, the comissioners of the Generall Court, 
considering the necessitje of a constant supply till the 
Generall [Court] take further order therein, do graunt & 
order as followeth : • : 

I. That with the consent of the inhabitants of the 
aforesajd tounes of Scarborow and Falmouth, we doe 
Falmouth Sc \ constitute & appointe the right trusty 
Scarborough. I Henry Jocelyn, Esq, M^ Robert Jordan 
M"" George Cleaue, M'' Henry Watts, & M^ Frauncis 
Neale comissioners for the yeare ensuing, invested w^^^ 
full power, or any three of them, for the trjall of all caw- 
ses (w^^out a jury) w^^'in the libertjes of Scarborough & 
Falmouth not exceeding the value of fifty pounds, & 
euery one of the sajd comissioners haue graunted them 
magistraticall power to heare and determine smale causes 
as other magistrates and assistants haue, whither they 

be 



COLLATERAL DOCUMENTS. 307 

be of a civil or a criminall nature : any of the sajd comis- 
sioners may graunt warrants, somons, & executions, if 
neede require, & haue power to examine offendors, Si 
comitt to prison, except bayle be tendered, according to 
lawe : also, any three of the sajd comissioners haue power 
to impowre military officers vnder the degree of a cap- 
taine. The said comissioners are required to enjoyne 
each toune to procure the booke of lawes ; also, any of 
the sajd comissioners haue power to minister oathes, ac- 
cording to lawe, and if they judge needefull, to binde of- 
fendors to the peace & good behaviour, or to solemnize 
marriage, according to lawe. Any three of the comis- 
sioners haue also power to receive in all such persons liv- 
ing w^^in our Ijne as betweene this present tjme and the 
last of September shall come in by theire voluntary sub- 
scriptions: our meaning is, that they should not be 
barred from having the priviledges that theire neighbors 
enjoy by occasion of theire necessary absence at y® 
Court. (For succeeding articles vide Records of Massa- 
chusetts, Vol. IV, Part I, p. 358.) 



No. XXXIII. 

Conveyance of George Cleeve to John Phillips. 

These Psents shall witnesse that I George Cleeue of 

the 



3o8 COLLATERAL DOCUMENTS. 

the Towne of Falmouth In Cascoe Bay In New England 
Gentle" : have gluen granted barganed and sould and by 
these Psents do srive sfrant sell and Confirme vnto Mr. 
John Phillips of Boston M^chant : all yt Tract, prcell or 
Cleave "] Necke of Land, In Cascoe Bay, and now In 
To > the possession of mee the sd George Cleeves 
Phillips J on which my now dwelling house standeth 
by the meats and bound^ herein expressed, that is to say 
to begine at the Poynt of Land Commanly Called Macha- 
gony, and being north Easterly from my sd house and 
soe along by the water side from the house southwesterly, 
to the southwest side on my Corne feild, and to the 
Corner neare vnto the sajd Corne feild to the water Jake 
running into the sd Cove, and from thence to runne 
Northwest westerly vpon a straight lyne through the 
wood=* and through the spruce Cricke or there abouts, or 
swamps into y® backe Cove supposed to bee 3 quarters 
of a Mile bee it more or lesse, and from thence North- 
westwardly, round about to the sd Machagony togeather 
with all the wood^ and vnderwood^ and Tymber Trees, 
growing thereon and all my house or houseing Corne 
feild, or gardens or to soever appurtenances therevnto 
belonging, togeather alsoe with a Certen parcell of Marsh 
ground lying vpon that River, and southwesterly from 
the now dwellinsf house of iNIichaell Mittino: at the nar- 

row 



t 



COLLATERAL DOCUMENTS. 309 

row of the Necke of Land, and Adjoyneing to the lott 
of land by mee form^ly granted to Nathaniel Mitten 
Commanly Called the round Marsh, and about two or 
three Acers of sault Marsh (be it more or lesse) for and 
In Consideration of the some of Twenty five pound^ 
sterling to mee in hand payd before the sealing and de- 
livery hereof. To have and to hould all and eury of the 
sd houses, and land^ w^^ all the premises, to him the sayd 
John Phillips his heyres executo^ and assignes (for euer) 
and do further Covenant and promise to & with the sd 
Phillips his heyres and assignes y^ all the sd land^ and 
premises is free and Cleere from all other Covenants, 
grants, bargans, gyfts, sayles, or any Incomberances ^ 
w^soever, and shall warrant and defend the same, from 
any persons w^ soever, from Claymeingof any right title 
or Interest therein, from or by mee my heyres, executors 
Administrator^ : or assignes, from the sd Phillips his exec- 
cutors, Adminlstrato" : or Assigns for euer. In testimony 
hereof I the sd Geo. Clceues haue herevnto sett my hand 
and fixed my scale this twenty slx^ : of September one 
thousand six hundred fivety and nine, 1659: 

Memorandu*": that vnto all and singular the above sd 
land and premises mentioned is freely given and Con- 
sented vnto before the Delivery hereof by Mis Joane 
Cleeues, now wife vnto y^ above sd Mr. Geo : Cleeues 
the day and yeare above sd. 

40 



>' > 



3IO COLLATERAL DOCUMENTS. 

Witnesses George Cleeue [his seale] 

John Winter The Marke of Joane 

The Marke of Richd Cleeue X [her seale] 

Marten X 

The marke of Ralph tc ' 

Turner O 

George Munioy 

vera Copia transcribed out of the original!, and y^with 
word for word Compared, this 13: Decemb^ 1659 

As Attests, EDW: RISHWORTH Re: Cor: 

This 13^^ day of August Mr. Geo: Munioy Attesteth 
to the trouth of the above mentioned Acts before mee, 
Robert Jordan Assotlate. Some other Acts wh Conserne 
this deede are entered in the 16 leafe of this booke 
following. 



No. XXXIV. 

Courts ans^ to M" Cleaues, Bonighton, Foxwell 

and Phillips peticon. 

The Court, having considered of the peticons of M^ 
George Cleaves, M^ John Bonighton, M"^ Richard Fox- 
well, 



[ AA:f')J'' u 1/ 



COLLATERAL DOCUMENTS. 311 

well, and M^ Willjam Phillips, craving the helpe of this 
Court for the setling theire respective interests of lands 
and possessions in the east parts of this jurisdiction, doe 
judge meete to order, that theire respective cases and 
complaints, for a finall issue, be referred to Majo^ 
Humphrey Atharton, Capt. Thomas Sauage, Capt. Ed- 
ward Johnson, Capt. Tho. Clarke, or any three of them, 
who are hereby chosen and comissionated by this 
Court to heare and determine the seuerall differences of 
the sajd parties, as in theire wisdome they shall judge 
most meete, hereby impowring the sajd comittee to ap- 
point the time and place of theire meeting, as they shall 
judge most convenient, (all persons concerned therein 
being hereby enjoyned to attend the same,) and to send for 
partjes and wittnesses, and examine theire seuerall com- 
plaints according to law, provided the complajnants be 
at the chardge of procuring the attendanc, and sattisfy 
the chardges of the comittee, and that retourne be made 
by the comittee to the next Generall Court after their 
determination. 



., / 



312 COLLATERAL DOCUMENTS. 

No. XXXV. 

Order by The General Court of Massachusetts to 

HER Commissioners, concerning her disloyal 

Magistrates in Maine. 

To Major Generall Daniel Denison Majo^ William 
Hawthorne and Cap'^ Richard Walderne yo^ are hereby 
Required and Auorized to repair forthwith to Yorke or 
Wells in the County of Yorke so as y^^ be there at or 
before y® 26^^ of Instant May when a Generall Court is (as 
this Court is credibly Informed by y^ Authority of Henry 
Joceljn Esq'^m'^ Robrt Jordan and m*^ Nicholas Shapleigh 
sumoned to meete together to exercise Gou'*ment o^er 
the good people of that county, who by theire subscrip- 
tions and oathes haue subjected and acknowledged them- 
selves to be subject to the Authority of the Massachu- 
setts Jurisdiction as being w'^^ in the Ijite of this pattent) 
and to Inquire into the Grounds of such their declinings 
from y® obse''\^ance of their oathe^ and dutjes according 
to ye Articles and Agreem'^-^ betwene them and this 
Gouernment and on their pervsall and examination of 
what by the sajd m*" Jocelin Jordan and Shapleigh shall 
present shall on the behalfe of thes Gou'^ments Require 
themselves and y^ people to Returne to their due obedi- 
ence vntill this Genj Court by their Aplicatlon and ad- 

dresse 



J !'■ f 



COLLATERAL DOCUMENTS. 313 

dresse to his Maj^y and due Information of the state of 

the case and our Just Right to those parts full and cleere 

order's shall be Returned suitably to y^ aboue menconed 

articles and in y^ meane time either by themselves or 

such as they shall Appoint keepe y® ordinary and vsuall 

Courts yt due Justice may be Administred as occasions 

shall present and further act and doe in y® p^misses 

what, they shall find most just necessary and beneficiall 

for y^ establishment of order and peace and y^ the Tresu- 

rer of y^ country furnish y® s^ Comissio^^ \v^^ 

pounds for Their necessary expenses. 

Voted by y^ whole court 17 May 1662. 

E. R. S. 



No. XXXVL 

The Declaration of George Cleeve or ?ns Bill of 

Complaint against M^ Robert Jordan of 

Ffalmoth in the County of York. 

Imp^s. M'' Robert Jordan At the County Court of 
York, held in the moneth of July in the yeare 1659: Did 
make Sute against me for a debt not pperly myne but 
soe p^tended and recou'ed against me to the value of Ten 
pounds Ten shillings and Costs of Court, To the w^-^ 

that 



; '; 



• / 



314 COLLATERAL DOCUMENTS. 

that he had no just ground of Sute against me, I make 
appeare as followeth. 

I. Although I acknowledged that I did receive of 
him to the value of Ten pounds yet it was not on my 
owne acco^: But on the Generall acco^ of the Townes 
of Ffalmouth and Scarborough in the County of Yorke 
aforesaid : I being appointed (by them) to appeare at the 
Generall Court in theire behalfe And my charges ap- 
pointed by them to be borne, in part whereof I received 
the before-named sum of Ten pounds' And m^" Jordan 
him selfe did ingage to pay his pportion of the charges 
and to supply me while I was at the Court as I can by 
evidence make appeare : 

Secondly in an Acton by me Entred and psecuted 
against him at the same Court for vnjust claimes by him 
layd to my Lands and wrongful! interruption and hinder- 
in of my rents See himselfe being an associate of that 
court, I was cast as I conceive Wrongfully in that action 
and the costs of Court bound against me, w^^' I also for 
further clearing referr to testemony 

Thirdly M^ Robert Jordan having recouped the sd ac- 
tions against me for it as also for the Costs of Court 
aforesaid all w^^^ with char2:es of Extendinc: did amount 
vntp the sum of Seventeen pounds or thereabout as ap- 

peares 






:<j 



COLLATERAL DOCUMENTS. 315 

peares by the Constabls testimony who Levied it on my 
house and household goods and Cow : 

Ffourthly M^ Robert Jordan having soe recou'^ed and 
extended as aforesaid notwithstanding did not then 
expel me my house nor tooke possession of it but tooke 
my word and engagm^ to pay him the just sum due to 
him by virtue of the said judgm^^ w^^ accordingly I did 
fully pay vnto him, notwithstanding w^^ I having given 
him vnder my hand that the house and goods should re- 
maine as his till the sum were paid, And though I had 
paid it fully yet a Court of associates in March last 
(him selfe being on of the associates he sues me againe 
for delu^y of my howse, goods and Cow and recouped • 
against me, and hath taken them from me and holds 
them, the house being prised but at 8'' w^^ but a little 
before cost me 60^' — 

Fiftly M^ Jordan at a forml' Court of that County 
aforesaid (w^^ I shold have minded before) After he had 
cast me in the Accion of interuption aforesaid, did, vnder 
p^tence of law, sue me in an action of vnjust molestation, 
because I recou'^ed not the action against him, though it 
was a just action w^^ I psecuted but him selfe being of 
that Court I was Cast 5^' againe in that action, and he 
not being therewith contented demands of mc 15'' allcJg- 



ing that the law gives treble damages in such cases w 



I conceive 



3i6 COLLATERAL DOCUMENTS. 

I conceive I shall make appeare to this Hono^^ Court to 
be a very vnjust and injurious thing. 

Sixthly At the same court of Associates in March 
last, having againe recouped my howse, Cow, Bed & 
Bolster & Bedd clothes, my Brewing-kettle, pott and 
other goods, Obtaines an execution directed to the 
Counstables deputy to possess him the said Jordan 
of the said house and goods & Comanded the Coun- 
tables deputy (being his owne Creture) to throw out 
all my other goods as Apparrel, Chests, Trunks and 
pvisions out of doores, who soe acted to the spoyling 
and breaking of many of my things, and whereby I lost 
much of my goods and writings and Apparrel of my 
wifes and many other things to my damage more then a 
hundred pounds sterling : And more to vex and grieve 
me he brought with him on of his owne men (to assist 
the Constables deputy) who was starke drunke, taking 
my Kettle 8c pott being full of Worte for beere, redy to 
turn up, and threw it about the house and carried away 
the s^ Kettle & pott and detaineth them to this day 
being contrary to the Law in such cases p'uided ; And 
further to increase my griefe, he required his drunken 
man and deputy Counstable to goe into my wifes chamber 
where she was laid on her bedd & very sick who in a 
Barberous manner pulls her from off her bedd and takes 

her 



'\ ' 



u- 



COLLATERAL DOCUMENTS. 317 

her bedd from vnder her and the bed clothing and 
carries all away. My wife being no lesse then fouer score 
& seven yeeres of age And all this done after a warrant 
of Attachm^ was served vpon the said house, Goods and 
Cow, by the said Deputy Counstable, vnder the hand of 
M' Edward Rushworth on of the Associates, requiring 
the said house and goods to be responsable to answer 
my action of review to be tryed at the next Court of As- 
sosiates where (in trueth) I have small hopes of good 
success in my sutes against him he being one of them 
And one that Bouldly sayed — Let them if they durst, 
finde any thing against him. My suspition being the 
greater for that I p'ved at the last Court that I had paid 
m^ Jordan Twenty pounds towards the Two Executions 
to purchase my peace for the p^sent vntill I might by 
sum review or complaint redress my wrong for all which 
I had no allowance by any order of Court Albeit the 
Two first executions came but to I5^> 10 ss beside what 
I paid the Counstable for fees and other Charges as ap- 
peereth by the Counstables testimony soe that m^ Jordan 
detaineth from me wrongfully my Money goods & Two 
Cowes being all the Cattle I had for my Subsistance for 
the p^sent and hath pfferd to sell my house, to any that 
would buy it. And all this of purpose to starue and 
ruine me and my family : 

All 

41 



', \ f 



3i8 COLLATERAL DOCUMENTS. 

All w^b I hope this Hon^d Court will duly 
Consider and order my repaierations : 

^ GEORG CLEEVE. 



No. xxxvn. 

Copy of a Petition to the King from some of the 
Inhabitants of the Province of Maine. 

To the Kings most excellent Majesty^ 

The humble Petition of the Inhabitants of Casco ilpon 
the Province of Maine in New England, wherein 
according to his Majesties command is rendered 
theire reasons why they could not submitt to Mr. 
Gorges. 

Most dread Sovcraigne, 

PARDON, wee humbly beseech, if wee presume to ! 

address our most gracious and loveing father, whose | 

gracious eye and fatherlie care is towards us the mean- j 

est of your subjects inhabiting the northern parts of 
your dominions in this wilderness, as wee understand by 
your gracious letter to us. For the which fatherlie and 

gracious ) 



\ . i 



COLLATERAL DOCUMENTS. 319 

gracious care of us therein expressed wee beseech, though 
wee bee but one of ten that presume to returne thankes, 
pardon wee humbly beseech you our presumption, who 
have the royall scepter of your command for soe doeing, 
and accept of our bounden thankfullness, who upon our 
bended knees doe returne unto your sacred Majestic 
most humble and heartie thankes for the same. 

And whereas your Majestic was pleased to demand our 
submission to Mr. Gorges, or else forthwith to render 
our reasons, may it please your most sacred Majestic, 
wee have noe reasons as of ourselves, haveing nothing to 
say against Mr. Gorges or his government, butt if itt 
shall please your Majestic soe to determine itt, wee shaH 
willinglie and chearfullie submitt to itt. 

I Reason. Butt when wee first submitted to the 
government of the Massachusetts wee did engage to be 
under theire government till such time as your Majestic 
should determine us as proper to any other regulation, 
your Majestic being pleased to send to them demanding, 
as wee are informed, theire resiGrnation of us, or else to 
shew theire reasons ; which, they say they have under- 
taken, to doe, and therefore have commanded us in your 
Majesties name to continue under theire government till 
itt shall bee determined by your Majestic ; against whom 
wee have nothing to say, butt have by good experience 

found 



-J .* 



320 COLLATERAL DOCUMENTS. 

found that expression of your Majestie verified concern- 
ing them that whereas they have exceeded others in 
pietie and sobrietie soe God hath blessed them above 
others, soe wee haveing had pietie soe countenanced and 
justice soe well executed that wee have found God's 
blessing in our lawfull callings and endeavours more in 
one yeare than in severall before or since our late 
troubles. 

2 Reason. Since which, most gracious Soveraigne, 
itt hath pleased your Majesties most honorable commis- 
sioners to forbid our submission either to the Massachu- 
setts or Mr. Gorges ; and wee humblie beseech your 
Majestie nott to impute it to any disloyaltie in us, if 
your Majestie find not our names inserted in a petition 
directed to your sacred Majestie for the removall of the 
government both from the Massachusetts and Mr. Gorges, 
wee haveing noejust cause of complaint against either, 
wee being likewise taught out of the word of God that 
obedience is better than sacrifice,, espcciallie of that 
which is none of our owne, and of which, for ought wee 
know, your Majestie hath long since disposed of, or if 
nott wee presume your INLajestie knoweth better how to 
dispose of your owne than wee to direct ; wee heere pro- 
fessing to your sacred Majestie it is the onely height of 
our desires, without any senister or by respects, to be 

wholie 



1/ 



/• 1. ' 



■^™ — ■■ ■ '■■ M M^g— ■— »^ W^ |^ 



COLLATERAL DOCUMENTS. 321 

wholie and solie where God by his providence and your 
commands shall cast us. 

Thus haveing, according to your Majesties commands 
and our weake abilities, rendered all the reasons wee 
have or know of, wee humblie beg your Majesties deter- 
•mination, by reason of the sad contentions that hath 
been and is now amongst us, nott without some threat- 
ening of us who did nott joyne with our neighbours in 
petitioning against Mr. Gorges and the Massachusetts, 
humblie begging your gracious and fatherlie eye to be 
towards us, wee onely desireing as much as in us lieth 
to act in the uprightnes of our hearts in the sight of the 
Almightie, your sacred Majestic and all men, desiring • 
rather to submitt to, than to contend or direct what gov- 
ernment or governours your Majestic shall please to ap- 
point over us. 

Thus, with our prayers to the God of heaven to power 
upon your Majestic all the blessings heaven and earth 
can afford, both spirituall, tcmporall and eternall, beseech 
him in whose hands are the hearts of Kinofs to direct 
your sacred Majestic see to dispose of us as may make 
most for the glorie and honor of God, your sacred Majes- 
tic, and the good of us your poore subjects, wee prostrate 
ourselves att your Majesties feet and subscribe as our 
due and our dutie is, 

Your 



322 



COLLATERAL DOCUMENTS. 



Your Majesties ever falthfull and obedient sub- 
jects, to bee obedient where your Majestie shall 
please to command us to the utmost of our 
lives and fortunes. 



August ist, 1665. 

• Henry Williams 
Ambrose Boaden 
George Lewis 
John Lewis 
Thomas Skilling 
Thomas Skilling 
John Skilling 
John Clayes 
Thomas Wakly 
John Rider 
Nathan: Wallis. 



George Cleeves 
George Munjoy 
Francis Neale 
Phinehas Rider 
Richard Martin 
Benjamin Hate well 
John Ingersoll 
George Ingersoll 
John Marklie 
John Phillips 
Robert Corbin 








t 




r^:^^ 







INDEX 



Abilie, Henry 178 

Abraham of Plymouth, ship, 24 

Adams, Charles Francis 125 

Advertisements for the unexperi- 
enced, 86 

Agamenticus, 44, 53, 90 

Alexander, Sir William 60 

Alger, Thomas 19,43 

Alger, Andrew 43 

America Painted to the Life, 85 

Androscoggin River, 53 

Aquamentiquos, Accemcnticus, see 
Agamenticus. 

Archdale, John 204 

Bacchus Island, 12, 19 

Bachiler, Rev. Stephen. .101, 102, 103 
Bagnall, Walter.. . .19, 24, 26, 27, 29, 

33-30, 39 40, 

Baker, Edmund 19 

Ballard, 45 

Bancroft's Hist. U. S., 56 

Bandon Bridge 19 

Banks. Dr. Chas. E 117 

Barbadoes 30, 140, 141 

Barnstable, 44 

Bates, Dr. George 56 



Pages. 

Bellinghara 151 

Bickford, John 69 

Biddeford Pool, 53 

Bincks, see Brincks. 

Black Point. . . .29, 36-39, 80', 151, 169 

Black, William 35 

Bliss, 45 

Boade, Henry 120,160 

Boden, Ambrose 185 

Bonython, John 29 

Bonython, Mary 30 

Bonython, Richard 29, 30, 52, 53, 

54,106 
Bradshaw, Richard. .27, 29, 89, 90. 91 

Bradstreet, Mr 198 

Brief Narration, 30,85,87 

Brincks, Bryan 164 

Buckingham, Duke of 17, 18 

Bull, Dixy 35,44 

Burdet 82 

Calamy, Edward D. D 82 

Caramock's Neck, 33 

Cammock, Thomas 36, 37, 38,41, 

42, 50, 52. 54, 80, 83, 95, 100, 108 
Campbell's Lives of the Chief 

Justices of England, Ill 



324 



INDEX. 



Campbell's History of the Great 

Rebellion, 110 

Cape Cod, 13 

Cape Elizabeth, 11,14, 16, 22, 23, 

24, 41, 44, 45, 46, 61, 74, 75 

Cape Porpoise, 22, 29, 116, 160 

Carew's Survey of Cornwall, 30 

Carr, Sir Robert 203, 204 

Cartwright, Col. George 203 

Casco Bay, 13, 16, 18, 23, 25, 27, 

31, 32, 44, 45, 68, 69, 72, 76, 77, 81, 
83, 91, 92, 127, 143, 144, 164, 165, 
176. 
Casco Neck,.... 124, 136, 144, 151, 155, 

169, 170, 208, 209 

Casco River,. . . .16, 50, 73. 76, 92, 100, 

107, 171, 174, 176, 177 

Ceeley, Mr 16 

Chadborn, Mr 198 

Charapernoone, Francis 192 

Champlain, Samuel de 9-14, 19 

Cherry, Orton 82 

Choijacoet 11 

Clarke, Miss 180 

Clay Cove 76 

Cleeve, Alexander 11 

Cleeve, Elizabeth 45, 69 

Cleeve, Joane 11, 45 

Cleeve. George.... 10, 11, 18, 20, 27, 
29, 32, 33, 39, 41-44, 40, 47, 50, 
61, 63. 54, 57-73, 75, 77, 78, 80, 
87-H 102-107, 115, 116, 118, 
119. 121-134, 136-148, 150-157, 
159, 100, 162, 165, 166-172, 174- 
■•■ 185, 187, 1&9-197, 190-203, 205, 
207-211. 

Cleeve's Nock 76 

Columbus, Select Letters of 85 



Company of Husbandmen 23, 32, 

116, 128, 129, 149, 163, 164 

Convray. Lord 17 

Cooper's Life of Strafford, 110 

Corbin, Robert 173 

Cosa, Juan de 85 

Council for New England, 16, 19, 

21, 23, 28, 33, 36, 39. 84, 118, 128, 

129, 188. 

County of Dorset, 15 

County of Lancaster, 124 

County of Somerset, 43 

Cromwell, Oliver 55, 56, 140, 167 

Danforth, Thomas 171.176 

De Chauvin, 9 

Drake's Book of the Indians, 35 

Drake, Capt 1 25 

Drake, Samuel 35 

Dudley, ,.151 

Dugdale, ^[r 56 

Dummer, Richard 116,123. 163 

Dummer, Jeremiah 163 

Dunstan, 43 

Dunster, see Dunstan. 

Durham, Humphrey 183 

39 



i^y. 

Earl of Sterling, 62, 66 

Early Records of Maine 47,52, 

54, 00, 85, 89. 91, 93. 99, 143, 155, 
157, 100, 178, 180, 184, 191. 195, 
200, 205, 207, 209, 210. 

Eleanor, the ship 117 

Elbridge, Thomas 178. 179 

Erulicott, Gov IGO 

Ericson, Leif 12 

Falmouth,.... 109, 179, 180.184, 189, 

190. 101, 194, 195. 199. 200 

Fambridge ferry...., 37 



INDEX. 



325 



Folsom's History Saco,. . . .80, 37, 164 

Fore River, 76 

Fox, George 204 

Frost, George 69 

Gard, Roger 192 

Gardiner, Henry 188 

Gey, John 197 

Gibbons, Ambrose 120 

Gibbons, Capt. Edward 120, lo3 

Gibson, Rev. Richard 30, 81, 114 

Gilbert's History of Corn-wall, 30 

Godfrey, Edward. . . . 52, 53, 54, 63, 64, 

83,87,88, 93, 94, 118, 119. 120, 

123, 133, 150, 157, 158, 159, 160, 

174, 181, 187, 192.202. 

Goodyear. Moses .... 13, 24, 39, 67, 73 

Gookin, Daniel 191 

Goosnargli, Parochial Chapelry of.l55 

Gorges, Ferdinando, Junior 181, 

188, 202, 204 

Gorges, Sir Ferdinando 22, 23, 

25, 20, 28, 30, 33, 35, 36, 39, 50, 51, 
57, 58, 61, 63-68, 70, 75-78, 84-91, 
93-95, 98. 99, 117, 119, 125, 127- 
130, 133, 141, 149, 150, 152, 159, 
191, 192, 194, 195, 200. 
Gorges, Thomas .... 20. Bo, 04, 06, 100, 

106, 124, 177 

Gorges, William 50,51,54 

Gorgiana, 86, 150, 154 

Greenslede, Thomas 209 

Greinley, Thomas 173 

Guast, Pierre du 9 

Hains, Thomas 173 

Hakluyt, Richard 85 

Ham, 38 

Hamond, James 171, 173, 178 

Hampden, John 55, 56 

Hanford, Thomas 173 

42 



Haselrigge, Arthur 56 

Hatch, Phillip 185 

Havre de Grace 10 

Hawkins, Narias 54 

Hawkins, Sir John ... 25 

Hawk's Hist. North Carolina 204 

Hazard's Hist. Colls., 158, 196 

Henry IV 9 

House Island, 31 

Hubbard's Indian Wars, 116, 164 

Hubbard's New England, 97 

Hume's England, 47, 111 

Hutchinson's Collections, 164, 202, 204 

Ingersoll, George 183 

Isles assez hautes, 13 

Jacob's Law Dictionary 100 

Jennens, Abraham r.l3, 24 

Jenner, Rev. Thomas 121, 137, 

138, 145, 146, 148 

Jope, jMr 16 

Jordan, Robert... .102, 105, 114-116, 
142, 151-153,156, 159, 163, 165, 
167-180. 182-185, 189, 191, 192, 
194-196,200,201, 205,210. 
Josselyn, Henry . . .37, 52, 54, 63, 80, 
83, 93, 106, 141, 143, 144-147, 151, 
156, 159, 163, 167-169, 177, 180, 
186, 190-192, 197, 198,200, 201. 

Josselyn, John 80 

Josselyn, Sir Thomas 80, 85 

Josselyn's Two Voyages, 14, 37, 

80, 81, 177 

Kempes, Mr 10 

Kennebec River 41, 52, 84, 145 

Kennebunk River, 22, 149. 150 

King Charles 1st 17, 18.26,51, 55, 

60, 78, 84, 109, 110. 128, 136 

King Charles 2d 187 

King James lst,..16, 47, 90, 91, 110, 128 



326 



INDEX. 



King Winthrop 59 

Kittery, 158,160 

Knollys, 82 

Knowler's Letters and Dispatches, 1 10 

Laconia, Province of 22 

Lake Champlain, 66 

Lake of Iracoyce 61 

Xaud, Archbishop 51, 55, 58, 60, 

97,110 

Leader, Mr 157 

Leighs, 37 

Levett, Christopher. . . . 13-19, 27, 48 

Lewis, George 183 

Lewis, Thomas. .29, 30, 53, 54, 60, 81 

Libby's Neck, 38 

Life and Letters of Winthrop 71 

Lincoln, Abraham :...154 

Lues, George, see Lewis, George. 

Lusher, Eleazar 191 

Lygon, Cicely, 22 

Lygonia Patent,.. ..22,118,127-129, 

145-147, 165 

Lygonia, Province of 22, 118, 123, 

"^ 134, 135, 139,149, 150, 152, 155, 
160, 161, 106, 188. 192. 

Machegonne 45, 46, 65, 6S, 69, 76, 

91, 93, 105. 128. 136 

Mack worth, Arthur 30, 31, 69, 92. 

104, 120, 141, 142. 143, 151, 178 

Mackworth, Jane,. 173, 177 

Magdalen College, 82 

Maine Hist, and Genealogical Re- 
corder 117 

Maine Ilist. Society Collections,. .30, 
35-37.48,52,80,152 

Maiden 37,38 

Manatakqua, 35 

Mare del Norte 149 

Marty n, Richard 173 



Mason, John 22, 28, 35, 129 

Mason, Robert 181, 202 

Massachusetts Archives,. ...158, 160, 
165, 167, 182, 184, 185, 199, 206 ' 

Massachusetts Charter, 118 

Massachusetts Historical Society's 

Collections, 30,87 

Proceedings, 17 

Massachusetts, Records of.,. 194, 201 

Masterson, Nathaniel 192 ^ 

Mather, Cotton , . . 8Q 

Mather's Magnalia 59 

Maverick's Description N. E 33 

Maverick, Samuel .... 15, 18, 36, 103, ■ 

199,203,204 

Menickoe, 31 

Merrimack River, 156 

Merry meeting Bay, 53 

Miciiaell, Mr #....192 

Mills, John 100 

Mitton, Michael 69, 80, 173, 180 

Monhegan Island, 13,24 

Monts, Sieur de 9, 10, 12 

Morrince, Thomas 173 

Morton, Thomas.. 19, 26. 27,33, 56- 

69, 61, 63, Q3, G'}, 
. .. . 78, 118, 124, 125. 

Moulton, Daniel 177 

Munjoy, George 197 

Nahant, Sachem of 35 

Naseby, 140 

Neale. Francis 173, 178, 180, 192 

Neale, Walter. . . .28, 34, 35, 37, 42, S3, 

90,91 

Neale's History Paritans, 55,56 

New Brunswick 10 

New England's Vindication 188 

New English Canaan, 14,31,56,59, 125 
New Haven, 133 



INDEX. 



327 



New Somersetshire, 50, 52, 61, 62, 

65,70 

Newton..., 31 

Newton Ferrers, 19 

Nicolls, Col. Richard 203 

Nightingale, of Portsmouth, ship,.. 24 

Norton, Freeman 200 

I^orton, Mr 198 

Nova Scotia, 10 

O'Brien, Dr 45 

O'Callaghan's Documents relative 

to New York, 204,205 

Old Orchard, 11 

Overall, W.H 11 

Oyster River 69 

Pasheppscot, see Pejepscot. 

Passonagessit, 20, 27 

Payn, John 209 

Pejepscot 41,53 

Pekwahaki or Pequahock 14 

Pelham, 151 

Pendleton, Capt Brian 190, 191 

Penly, Sampson 173 

Pepy's Diary 203, 204 

Phillips, John... 172, 17S 

Phippen, Joseph 173, 180, 183, 

199, 200 

Piscataqua Company, 28, 83 

Piscataqua River,.. 28, 52, 84, 150, 1^8 

Plough, ship, 32, 33, 116 

Plymouth Colony, 133 

Portland , 10, 14, 30, 38 

Portsmouth, 81 

Potteshall, Robert 171 

Preble, Abraham 176, 198 

Presumpscot River, — 35, 70, 92, 100, 

171, 174, 177 

Prince's Annals, 36 

Prout's Neck, 37, 38 



Province of Maine, 85, 86, 125, 134. 196 
Provincial Papers of New Hamp- 
shire, 69 

Purchas, Samue> 25 

Purchas, Thomas 52, 54, 64, 143 

Pym 109,136 

Quack, 14, 15 

Quincy, 26 

Rawson, Edward 167, 196 

Records of the Council for N. E.,.29, 

33, 36, 84, 118, 129 

Richmond, George 19, 20 

Richmond's Island, . . 19. 24, 25, 26, 27, 
29. 32, 33, 35, 37, 39, 42, 44, 57, 70, 
75, 77, 81, 82, 114, 137, 152. 

Rich, Robert 37 

Rider, Phineas 183, 200 

Rigby, Edward 159, 163, 166, 181, 188 

Rigby, Sir Alexander. .39, 53, 117- 

119, 124, 125, 128, 138, 144. 116, 

149, 152, 155-157, 101, 164. 194. 

Rish worth, E(' ward, 171. 173, 176-178, 

185, 192, 197, 198 

River of Canada, 52 

Roberts, Giles 173 

Robinson, Francis 121, 143, 146 

RochcUe 10 

Rockford Hall, 37 

Rouen, 10 

Rouse, Nicholas 19 

Ryall, William 53,54, 143,173 

Sabadock, see Sebago. 

Sachem, 15 

Saco 11, 29, 41, 43, 52, 87, 08, 137, 

141, 151, ICO, 107, 108, 200. 201 

Sagadahock River,. ... 32, 41. 61, 116, 

145, 14'J, 150, 161, 164 

Sagamore of Saco, 15 

Sainsbury's Colonial Papers, ...28, 159 



328 



INDEX. 



Saroes, John 173 

Saugus, 35 

Sawocotuck, 11, 52 

Scarborough,.. 33, 169,179, 180, 184, 

195, 199, 200, 210 

Scrope, Lord 17 

Sebago 176, 177 

Shapleigh, Slaj. Nicholas, 157, 192 

Shoals, Isles of 13, 69, 81, 150 

Stilling, Thomas 183 

Slafter, Rev. Edmund F 9 

Smale, Francis, see Small, Francis. 

Small, Francis 178, 200 

Smith, Capt. John 12, 13, 24, 86 

Smith, John 161 

Smith's Isles 13 

Spanish Infanta, 17 

Speedwell, ship 49 

Spurwink,..29, 32,40,41, 45, 40, 49. 

73, 74, 77, 89. 93, 95, 104, lOS, 185 

Squidrayset, Sagamore 34, 35 

Stanstall, Alice 10 

Star Chamber, High Court of, 119 

St. Croix, 10 

St. Lawrence River, 52 

St. Michael, 10 

St. Peter's, Cornhiil 10 

St. Savors, 10 

Strafford, Earl of, 109 

Stratton, John 28. 29 

Sullivan's Hist Maine,. .33, 39, 41, 164 
Sumner's History East Boston, ..203 

Tally rand, 46 

Taunton, 43 

Temperwell, 59 

Torrey, William 196 

Trelawny, Edward 82 

Trelawuy raper.s,....19, 24, 26, 29, 

37-39, 42, 44, 45, 4&-50, 52, 53, 69, 



70. 73-77, 80, 82, 89, 91-96. 98, 100, 
102, 104-106, 108, 109. 115, 117, 
122, 133. 
Trelawny, Robert .... 13, 24-26, 31, 36, 
37, 3iV-42, 49, 67, 73-75, 93-95, 102, 
105, 112, 114, 116, 117, 136, 152, 
153,171, 172, 174.176. 177. 
Tucker, Richard .... 29, 32, 39, 41 , 42, 
45, 46, 53, 54, 69, 77, 80, 89. 127, 
132, 137, 138, 143, 146, 192, 194. 

Tyng, Edward 191 

Underbill 82 

United Colonies, 135 

Vane, Sir Henry, •. . . 77, 78 

Vines, Richard. .29, 30, 53, 54, 63, 64, 
72, 77, 83, 88,91, 93, 118. 120-123, 
125-127, 129-133, 135, 137, 140, 
141, 174, 177, 178. 

Virginia, 117, 120 

Waldron, Capt. Richard 171, 190, 191 

Walker, Isaac 178, 180 

Wailis, John 173, 183 

Wallis, Nathaniel 173, 180, 183 

Warwick, Earl of 37, 149, 105 

Warwick, Lady Frances, 37 

Washington, George 154 

Waits. Henry 137 

Weeks, Oliver 45 

Wells, 150, 154, 100, 167, 193, 200, 201 

Wemberg, 19 

Wessagusset, 19, 26 

West Indies 120 

Weston, 18, 19.26 

Weymouth, 15 

Wheeler's Hist. Brunswick, 52, 53 

Wheelwright, John 20, 30 

While, Nicholas 173, 183 

Wiggin, Thomas 35, 176 

Williams, Roger ....14 



r (1 



INDEX. 



329 



Williamson's Maine,. 12, 52, 126, 120, 

U9, 16i 

Willine, Roger 177 

Winchester House, 113, 136 

Winslow, Edward 124,125 

Winter Harbor 53, 69 

Winter, John 24, 25, 41, 42, 44, 46, 50, 
53, 54, 64, 67, 70, 72-75, 77, 81 , 88- 
96, OS, 100,102-104, 106-108, 114, 
115, 137. 141, 142,152. 170, 174, 
176-178. 185. 

Winter, Mrs 105 

Winter, Sarah 25, 115 

Winthrop,. John 19, 34, 35, 48, 58-63, 
65, 67, 70. 71, 77, 78, 83, 87, 88, 
120, 124-126. 130, 132-135, 138, 
143, 144, 151, 154. 



Winthrop's Journal, 27, 33, 34, 36, 62, 
72, 79, 82, 117, 118, 125, 126, 134, 
149, 164. 

Withei-s, Thomas, 200 

Wollaston, 26 

Wood's New England's Prospect,. 14, 
35. 

Wright,.. ' ^..18,48 

York, 17, 168, 169, 176, 184, 193, 200, 

205, 210 
York County Records,. ..171, 173, 177 

York River, 36 

Young's Chronicles of Massachu- 
setts, 71 



1 




V 











INDEX TO COLLATERAL DOCUMENTS. 



Pages. 

Algar, Andrew. 243, 256, 263 

Alien, Mrs 270, 277 

AUerton, Isaac 221 

Allin, Arnold 230 

Ashton Phillips, 217, 226 

Atbarton, Humphrey 311 

Auger, Arthur, Jr 300, 302 

Aulger, see Algar. 

Baker, John 230, 231, 243 

Bailey, Jonas 284, 302 

Bayly, see Bailey. 

Beames, Andrew 302 

Begipscot, 275 

Bellingham, Richard 278 

Berry, Ambrose 220 

Bickford, John 222 

Black Point, 298, 209, 301, 303 

Blue Point, 298, 299, 301, 303 

Boade, Henry 259, 264 

Boden, Ambrose. . ..2S0, 300, 302, 322 

Boden. Ambrose, Sr 300, .303 

Bonighton, see BonyUion. 
BonyLhon, John. . ..228, 243, 252, 300, 

303, 310 
Bouyihon, Kichard 253, 203, 264 



Pages, 

Booth, Robert...... 284 

Boston, .,. . . .234, 275, 298, 304 

Brecke, Robert 291, 292 

P>ridgreaves, John 250 

Browne, Andrew ! 300 

Cammocke, Thomas 229 

Cane, see Keayne. 

Cape Porpoise, 233, 274, 287 

Casco Bay, 233, 247, 253, 266, 281 

289, 294, 298, 299, 301, 303, 305, 

308. 

Casco Neck, 246, 247, 318 

Casco River, 283, 289 

Chenebec River, 274,275 

Clapboard Islands, 305 

Clarke, Thomas 311 

Clayes, John 322 

Cieeve, George 215-238,240, 241, 243- 

250, 252-265, 269, 271-282, 286- 

294, 297-300, 302, 300-310, 313, 

318, 322. 

Cieeve, Joan 282, 309, 310 

Corbine. Robert 300, 302, 322 

Council for New England,. ..235, 230, 

249, 290 



Index to Collateral Documents. 



331 



Cradock, Mathew 215 

Crocker, Thomas 229 

Cussens, John 257 

Denison, Daniel 312 

Dexter, Goodman 277, 278 

Dover, 300,302,304 

Downeing, Mrs 2o4 

Dudley, John 224 

Dudlie, Thomas 278 

Ed-comb, Nicholas C 300, 303 

England,. ^31, 232, 272, 273, 281, 290, 

303. 

Europe, 272 

Falmouth 299, 305, 300, 313, 314 

Fellow, Abraham 303 

Fullen, Abraham 300 

Fox well, Richard :300, 303, 310 

Frost, George 222, 230, 231 

Gibbens, Edward 243 

Gibson, Richard 228 

Godfrey, P:dward. . .229, 231, 2-32, 243 
Corses, iSir Ferdinando.21G-221. 224, 

220, 232-2.37, 241, 245, 255, 200, 

271.274,318-321. 

Haines, John 224 

Ilamans, William 203 

Hamoiid, James 283, 284 

llamou, Thomas 300, 3U2 

llarkine, Thomas 2b2 

Hatewell, licnjamin 322 

Hawihorne, William 312 

llolbersay, Robert 283 

Hiokford, John 227-230 

Hop- Island 218,240-249 

Holland. Mr 257, 25S 

Humphrey, John 223, 224 

IngtrsoU, (leorge 322 

Ingersoll, John 322 



Jenner, Thomas 241, 251, 254, 261 , 

263, 273. 276, 278. 
Jocelin, Henry. . . .263, 264, 265, 269- 

274, 276, 280, 284, 296, 300, 302, 

306, 312. 
Joceling, see Jocelin. 

Johnson, Edward 311 

Jordan, Robert 230, 231, 238, 205, 266. 

276, 283, 284. 296, 300, 301, 303, 

306,310,312-317. 
Jurdin, see Jordan. 

Keay ne, Robert 257 

Kennebec, see Chenebeck. 

King Charles First, 217 

King's Letters Patents, 260 

Kittery '. . . . 300, 302, 304 

Kr.ight, Francis 230 

Knight, Robert 231 

Lander, John 230 

Lewis, George . .283. 293, 300, 302, 322 

Lewis, John 322 

Lewis, Thomas 222 

Laconia, 284 

Lygonia Patent .261 

Lygonia, Province of . . . .2.38, 239, 255, 

250. 266, 276, 278, 284, 288, 294. 

Machcgonne 217, 2 17, 308 

Mackworth, Arthur. . ..221, 222, 228. 

230, 259. 2G2-2G6, 284. 

Madaver, Michael 300, 302 

Madjuer, see Madaver. 

Maine, Province of 234, 237, 312 

Marklie, John 322 

Martin, Mary 280 

Martine. Richard. . ..300, 302, 310, 322 
Massachusetts 2S7. 294, 297, 299- 

304.300, 307, 312. 
Merrimack River, 287, 204 



I 



332 



Index to Collateral Documents. 



Merry Meeting 275 

Mitton, Anna 282, 292 

Mitton. Eliza 282 

Mitton, MichaeL . . .243, 280, 281, 282, 
291, 292, 293, 300, 003, 308. 

Mitton, Nathaniel 309 

Moody, James 283 

Mooreton, see Morton. 

Morris, Thomas 284 

Morton, Thomas 216, 226. 250 

Moseer, Hugh 284 

Munjoy, George 310. 322 

Nash, Kobert 256, 257, 258 

Neale. Francis 300, 303, 300. 322 

Oakeman, Samuel 302 

Parker, James 283 

Pascataquack, 234 

Payne, Mr 235 

Pellam, Herbert 278 

Perches, see Purchas. 

Pessumpsca, Falls of 218, 247, 248 

PesamscatowiLt, see Pessumpsca. 
Phillips, John.... 283, 300, 302, .307- 

309, 322 

Phillips, William 311 

Pierse, Mr 210 

Plough Patent 233, 200 

Preble, Abraham ..203 

Purchas, Thomas 229, 232, 209 

Rawson, Edward 288 

Richards, John 230 

Rider, John 322 

Rider, Phinehas 322 

Rigby, Alexander, 203, 2.05, 200, 

208, 240, 241, 215, 24(>, 218, 249, 
250, 253, 255, 256, 2W, 205, 206, 
207, 270, 271, 272, 274, 279, 281. 

Rigby, Edward 284, 286, 288-292 

Risb worth, Edward 221, 222, 250, 



284, 292, 293, 305, 310, 317. 

Roberts, Mr 271 

Robinson, Francis.. 243, 263-266, 277 

Rogers, Thomas 245 

Ryall, William , . . .230, 231, 243, 269 

Sackadehock River 233, 274, 275 

Saco,. ..227,229, 251, 252, 260, 261, 

276, 287, 297, 304. 

Sauage, Thomas 311 

Scarboro 304, 305, 300, 314 

Scott, Mr 240 

Seares, John 280 

Shapleigh, Nicholas 305, 312 

Shurt, Abraham 227, 232 

SkiDing, John ' 322 

Skilling, Thomas .^ 322 

Smale, Edward 263,264 

Small, Francis 283,300, 302 

Smith, Thomas 242, 257* 

Smyth, John 263 

Somerset, County of 217 

Somerset, New, Province of 217,-219 

Spenser, John 292 

Spruce Cricke 308 

Spurwink, 299, 301, 303, .005 

Stagomor, 217 

Stamford, Thomas 300, 302 

Star Chamber, 231 

St ration's Island, 256, 304 

Strawberry Banke, 304 

Symonds, Samuel 305 

Taylor, George 800, 302 

Taylor, Humphrey 222 

Taylor, Thomas 222, 223 

Tilly, Wm 282 

Tompson, Robert 292 

Torrey, William 288 

Trelawny, Robert 215, 2.09 

Tucker, Mrs 277 



Index to Collateral Documents. 



333 



Tucker, Richard. . . .215,217-222,227, 
228, 233, 239, 240, 242-250, 252, 
253, 256, 257, 269, 271, 277, 278, 
292, 203. 

Turner, Ralph 310 

Tynny, John 300,303 

Vane, Sir Henry 224 

Vines, Richard 224, 225, 227, 231, 232, 
233, 236-230, 242, 243, 244, 246, 
251,252.255,258,202-265. 

Wadleigh, John 284 

Wadlowe, John 263 

Wakly, Thomas 322 

Walderne, Richard 312 

Walles, 235 

Wal]is,John 300 

Wall is. Nathaniel 300, 302, 322 

Wallwy n, William 250 

Watts, Henry. .252, 202, 300, 303, 306 



Wear, Peter 263 

Wells, 287, 296, 297, 304, 312 

West, John 263 

Westminister, 237 

Whithington, John 221 

WhithingtOE, William 221 

Whitte, Nicholas 300, 302 

W iggin, Thomas 305 

Wilkinson, John 263 

Williams, Henry 322 

Williams, Thomas 227, 284 

Williatton, Mannor of 219 

Winter, John.. 227, 229, 231, 232, 310 

Winthrop, John 215,222,224,220,231, 

233, 236, 238, 240, 242-244, 246, 

251, 254, 258, 262, 264, 268, 269, 

271,273,278,280. -. 

Yeo, Hugh 1 . .229 

York, 297-302, 304, 312, 313 




4^ 



I. 




The Gorges Society. 



LIST OF MExMBERS. 



Adams, Charles Francis, Jr. 
Allen, Stillman Boyd 
American Antiquarian Society, 
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Banks, Edward Prince 
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Barrett, George Potter, 
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Blue, Archibald 



Boston. 



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Somerville. 

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Portland. 



tc 



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t( 



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Exeter. 
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Toronto. 



^336 



GORGES SOCIETY. 



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• 


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« , ■ ■ ■' ■„■„>: 


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« :'''•.' 


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u ■,' 


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'i 


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■ i 

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■ * 

Saco. ■ i 


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Cambridge. 


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New York. 


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New Bedford. 


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Toronto. 


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LIST OF MEMBERS. 



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Elder, Janus Granville 


Lewiston. . 

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u 


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GORGES SOCIETY. 



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Portland. 

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Boston. 

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London. 

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LIST OF MEMBERS. 



339 



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Rand, George Doane 
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Boston. 

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Portland, 

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GORGES SOCIETY. 

ANNOUNCEMENTS. 

Volume III will consist of 

Rosier's Relation of the Voyage of Captain George 
Waymouth to the Coast of Maine, London, 1605, 
from a copy of the original edition in the John 
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historical introduction, sun^ey of the literature, notes 
and maps, 

By Henry S'weetscr Bur rage, D. D. 

A volume in course of preparation for the Gorges 
Society series will be entitled 

The Usurpation of the Province of Maine by thi? 
Massachusetts Bay Colony, i 652-1 678. 
An historical monograph, compiled from original 
documents in the Public Record office, London, the 
Massachusetts Archives, Maine Records and vari- 
ous contemporary printed and manuscript authori- 
ties. 

By Charles Edivard Banks, M, D. 

N. .B. The publications of the Gorges Society are 
issued to members only, and at cost. IMembership can 
be secured on application to 

H. W. Bryant, Treasurer, 
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c ^ 






^ - 1/1 



V